Please ensure Javascript is enabled for purposes of website accessibility
Smittcamp: DUI death = murder
David Website Replacement
By David Taub, Senior Reporter
Published 8 years ago on
November 22, 2016

Share

It’s a simple message, but one that bears repeating especially during this holiday season: don’t drink and drive. That piece of advice is nothing new for District Attorney Lisa Smittcamp and other law enforcement leaders who spoke with the media at a recent news conference. What is new is the veracity of which Smittcamp will go after repeat DUI drivers who kill someone.

She didn’t mince her words. “If you kill someone while driving under the influence and you have a prior conviction for that same offense, you can be convicted of second degree murder and face a sentence of 15 years to life.”

Other law enforcement members joined Smittcamp, including Fresno Police Chief Jerry Dyer. “Oftentimes, we talk about the homicides and that being a violent crime. Well, driving under the influence of alcohol, getting involved in a collision, inuring or killing someone: that too is a violent crime.”

Lt. Rob Krider of the California Highway Patrol says it’s about justice. “The California Highway Patrol really likes working with the DA’s office because they make sure that justice is taken care of all the way to the end.”

Complicating things this year is the passage of Prop 64, legalizing the recreational use of marijuana. “Driving under the influence of marijuana is not legal. That’s a really important message to send out,” Smittcamp warned. “If we can prove it, we will prosecute them.”

Law enforcement will have to use different means to determine if a person is too high to drive than they would if a person drinks too much. While a Breathalyzer can be used to help measure Blood Alcohol Content, no such device exists for marijuana use and driving. Smittcamp says they would have to use objective measures.

“We do know we are going to come across more individual s under the influence of marijuana,” Dyer said. “(Our officers) look for individuals who are driving impaired. After the traffic stop is made, if they smell alcohol or marijuana on that individual, if they objective symptoms of that individual being under the influence of drugs or alcohol, they will put them through a field sobriety test.”

Dyer says that the level of marijuana intoxication does not matter when it comes to driving impaired. He admits it would make their lives easier if there was a standard.

Smittcamp cited five second-degree murder convictions so far this year in fatal DUI accidents, where the suspect had prior DUI arrests:

March 16: Angelito Romero

September 14: Luis Moreno

October 18: Cesar Moreno

November 18: Isidro Maravilla Munguia

November 18: Rien Ban

“These cases were gut wrenching. They ruined families. They take parents away from their children. They take children away from their parents. They endanger every single one of us,” Smittcamp continued. She further wrote in a news release “they were the direct result of these defendants’ choice to drink and get behind the wheel.”

The penalty for a second degree murder conviction is 15 years to life.

E-mail David Taub

RELATED TOPICS:

DON'T MISS

Wired Wednesday: CEMEX’s New Mining Plan for the San Joaquin River

DON'T MISS

Trump Fires NSC Officials a Day After Far-Right Activist Raises Concerns to Him

DON'T MISS

China Halts Approvals for New US Investment Projects

DON'T MISS

Measles Spreads to Central Texas; 5 States Have Active Outbreaks

DON'T MISS

Trump Tariff Fears Erase $2 Trillion From US Stocks

DON'T MISS

Startup Offers Controversial Microplastic Blood Cleansing Treatment

DON'T MISS

Senate Confirms Mehmet Oz to Take Lead of Medicare and Medicaid Agency

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Pence Will Receive the Profile in Courage Award From the JFK Library for His Actions on Jan. 6

DON'T MISS

Politics Turns Ugly for a Conservative Running for Fresno State Student Body President

UP NEXT

Politics Turns Ugly for a Conservative Running for Fresno State Student Body President

UP NEXT

Order That Kept Water in the Kern River Reversed by 5th District Court of Appeal

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Christopher Robert Sharkey

UP NEXT

Fresno County Authorities Need Help Finding Family of Alejandro Solis

UP NEXT

Lilly Is a Young Terrier Who Loves Dogs, Cats, and People

UP NEXT

Fresno County Head-On Crash Sends Two to the Hospital

UP NEXT

Colorado Man Charged with Pointing Laser at Fresno Sheriff Helicopter

UP NEXT

Fresno Firefighters Save Dog From Canal and Now She’s Ready for Adoption

UP NEXT

State Center Trustees Render Split Decision on Future of PLAs

UP NEXT

The ‘Six’ Wives of King Henry VIII Sing Their Hearts Out in Fresno

David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

Measles Spreads to Central Texas; 5 States Have Active Outbreaks

8 hours ago

Trump Tariff Fears Erase $2 Trillion From US Stocks

8 hours ago

Startup Offers Controversial Microplastic Blood Cleansing Treatment

8 hours ago

Senate Confirms Mehmet Oz to Take Lead of Medicare and Medicaid Agency

10 hours ago

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

11 hours ago

Pence Will Receive the Profile in Courage Award From the JFK Library for His Actions on Jan. 6

12 hours ago

Politics Turns Ugly for a Conservative Running for Fresno State Student Body President

12 hours ago

Pentagon’s Watchdog to Review Hegseth’s Use of Signal App to Convey Plans for Houthi Strike

12 hours ago

President Trump’s Tariffs Could Be the Political Tipping Point

13 hours ago

Order That Kept Water in the Kern River Reversed by 5th District Court of Appeal

13 hours ago

Wired Wednesday: CEMEX’s New Mining Plan for the San Joaquin River

GV Wire’s Edward Smith talks with KMPH Fox 26 “Great Day” anchor Christina Rodriguez about the possibility of CEMEX digging a 600-foot hole ...

7 hours ago

7 hours ago

Wired Wednesday: CEMEX’s New Mining Plan for the San Joaquin River

President Donald Trump speaks during an event to announce new tariffs in the Rose Garden at the White House, Wednesday, April 2, 2025, in Washington. (AP/Mark Schiefelbein)
7 hours ago

Trump Fires NSC Officials a Day After Far-Right Activist Raises Concerns to Him

8 hours ago

China Halts Approvals for New US Investment Projects

8 hours ago

Measles Spreads to Central Texas; 5 States Have Active Outbreaks

8 hours ago

Trump Tariff Fears Erase $2 Trillion From US Stocks

8 hours ago

Startup Offers Controversial Microplastic Blood Cleansing Treatment

Dr. Mehmet Oz, President Donald Trump's pick to lead the Centers for Medicare and Medicaid Services, seated right, gives a thumbs-up alongside his wife Lisa Oz, seated left, with friends and family after he testified at his confirmation hearing before the Senate Finance Committee, on Capitol Hill in Washington, Friday, March 14, 2025. (AP/Ben Curtis)
10 hours ago

Senate Confirms Mehmet Oz to Take Lead of Medicare and Medicaid Agency

11 hours ago

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

Help continue the work that gets you the news that matters most.

Search

Send this to a friend