California bill aims to let families change "accident" label on DUI-related death certificates

CBS News California Investigates California bill aims to let families change "accident" label on DUI-related death certificates .chip { background-image: url('/fly/bundles/cbsnewscore/images/chip-bgd/chip-bgd-cbs-news-california-investigates.jpg'); } By Julie Watts Julie Watts CBS California Investigative Correspondent Julie Watts is a national-award-winning investigative correspondent for CBS News, covering California. Her investigations, Capitol accountability reports, and solutions-oriented journalism air weekly on CBS stations across California. Read Full Bio Julie Watts Updated on: April 8, 2026 / 7:55 PM EDT / CBS News California Add CBS News on Google When a DUI driver causes a crash that kills someone, in most cases, it's a crime. But that's not what it says on the death certificate.Families of victims killed in DUI-related crashes are pushing to change that, arguing the term "accident" fails to reflect the reality of what happened.Kellie and Eddie Montalvo never got the chance to say goodbye to their 21-year-old son, Benjamin, who was killed in June 2020. Prosecutors say a woman who was driving drunk and high, and texting, struck Benjamin while he was riding his bike with friends.She then left Benjamin Montalvo to die on the asphalt."This was Neomi Velado's fourth hit-and-run. She was in traffic school when she killed Benjamin," Kellie Montalvo said. "The next morning, she replaced her windshield and went on to work an entire shift."  Velado turned herself in the next night and was convicted of felony vehicular manslaughter and felony hit-and-run. But despite that conviction, Benjamin Montalvo's death certificate lists his manner of death as an "accident.""The choices that were made and the choices that were not made make it absolutely not an accident," Kellie Montalvo said. "So I want Benjamin's death certificate changed." The Montalvos are part of a growing effort known as the "Not an Accident" campaign, which is backing a California state Senate bil...