Last month 23-year-old Clovis, California resident, Candice Ooley, eight months pregnant and driving with a blood alcohol level four times the legal limit (0.32%), caused an accident that ended in the death of a passenger in the vehicle she hit and serious injuries to other occupants of the vehicle. Ms. Ooley, whose license to drive was already suspended due to her previous DUI arrest only six months before this fatal incident, was said to be driving at high speeds and possibly passed out while behind the wheel causing the wreck.
She has been charged with felony driving under the influence with a blood alcohol content of over .15% and vehicular manslaughter with great bodily injury. The district attorney has announced that he intends to add second-degree murder charges but Ms. Ooley’s attorney plans to defend that potential charge on the basis that Ms. Ooley never received a “Watson warning” nor had she been convicted on the previous DUI charges at the time of this incident.
For the prosecutor to prove the murder charge, he would have to establish that Ms. Ooley was aware that if she drove while under the influence of alcohol, she could cause the death of another person, yet she intentionally chose to drive under the influence anyway; the legal term for this is “implied malice.” Now, that might seem like common knowledge but common knowledge is not enough to prove implied malice.