Voluntary Intoxication Resulting in Unconsciousness Instruction Not Applicable To Second Degree Murder Due To Drunk Driving
January 20th, 2014


People v. Ferguson (2011) 194 Cal. App. 4th 1070, 1082, held that although voluntary intoxication resulting in unconsciousness will normally reduce second degree murder to involuntary manslaughter, it does not do so in the context of drunk driving because the manslaughter statute states it is inapplicable “to acts committed in the driving of a vehicle.” Hence, CC 626 should not be used in cases where a defendant is charged with second degree murder due to driving under the influence.

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