According to a number of sources, including this News14.com Article Charla Davis was convicted today of 8 counts including Murder in the 2nd Degree, for what prosecutors claim was a drunk driving accident that took place in August of 2008.

Davis had 4 prior "Drunk" Driving convictions, 3 of which dated back more than 15 years prior, and another in 2006, which still had her under supervision of probation, and a revoked license as of the date of the crash. The DWI exception to legal process convinced a judge to allow this information to be used at trial, only to be considered by jurors as "Evidence of Malice" for the second degree Murder charge.

Davis allegedly was drinking at a bar, where bartenders claimed to have served her 6 drinks over the course of about 4 hours, which research shows should not have put her BAC past the legal limit of .08%. But after Davis left the scene, she claims to have gone to a friends house and drank more vodka, her friend backed this story.

Approximately 10 hours after the crash, Davis turned herself in, claiming she didn't know she had hit a person and that she only left the scene because her license was revoked. When she turned herself in, the officer said he smelled an odor of an alcoholic beverage.

An expert witness for the state, testified that the human nose can only detect the smell of alcohol on a persons breath at a BAC of .02 or higher, and used retrograde extrapolation based on that estimate to estimate her BAC to be at least .18%, noting habitual drinkers have been known to eliminate alcohol faster than non habitual drinkers.

Even with all my views on the DWI industry, even with how unjust I think the laws are, I believe in people who hurt or kill other people being punished. I believe that because I believe in responsibility. And I don't think this prosecution was responsible at all.

Davis' prior convictions for DWI in my opinion show LACK of malice. She had hurt nobody to my knowledge in the past, she thought like most drinking drivers think, the real danger involved is the legal threat. The legal threat is the one most prominently visible, with over 1.46 million people a year arrested. And while only 12.8% of traffic fatalities involving a driver proved to have a BAC of .08 or over, while 31% are attributed to speeding, it makes perfect sense for someone to think so.

She never imagined she would kill somebody, even after the accident she didn't think she had hurt anyone, she turned herself in the next day when she found out, she didn't try to hide her crime after realizing its severity, she didn't try to flee jurisdiction, she realized she hurt someone and she turned herself in. For her honesty, she received a murder conviction.

I beg all readers of this article to think what this means. How many times have you sped towards a yellow light and gone through it just after it turned red, how many times have you driven 15mph or more over the speed limit? Talked on a cell phone? Drank Coffee? Eaten Breakfast? If you had caused a fatal accident doing that, should you even be tried for a crime, much less convicted of murder?

Involuntary Manslaughter, hell, voluntary manslaughter if you want to push it, vehicular manslaughter, leaving the scene of a fatal accident, any number of different crimes, but not murder.

What happened to the man who was killed that night in August 2008 was a tragic accident, and I feel for his loved ones, and I appreciate their outrage. But what happened to Charla Davis was a malicious prosecution, carried out by sober people, who fully had their wits about them, but let their anger speak louder than their reason or sense of justice, which is just one more symptom of how the DWI Industry has corrupted our Criminal Justice System.