A 38-year-old convicted drunken driver made his initial court appearance Friday on murder and DUI charges stemming from a deadly collision on the Ortega (74) Highway in San Juan Capistrano.

Edward James Nani was charged with murder instead of manslaughter in the death last Saturday of 77-year-old Amparo Lopez of Murrieta because he pleaded guilty in April 2010 to driving drunk. Convicted drunk drivers who are involved in deadly collisions face the upgraded charge by law.

The head-on collision occurred about 8:30 p.m. last Saturday on the highway, east of Antonio Parkway, according to the California Highway Patrol.

Nani was driving a Mazda, which swerved into oncoming traffic and collided with a Honda driven by the victim’s boyfriend, said Senior Deputy District Attorney Whitney Bokosky.

Lopez’ s boyfriend, a 74-year-old Murrieta man, broke his leg in the crash, she said.

A witness driving behind Nani videotaped the defendant swerving and called police just before the crash, the prosecutor said.

A breath test indicated Nani’s blood-alcohol level was .13, over the legal limit of .08, according to court records.

Nani’s arraignment was rescheduled for April 20.

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