Raleigh Vehicular Homicide Lawyer

The North Carolina General Statutes under G.S. 20-141.4 set forth six offenses based upon the unlawful killing or injuring of another person during the commission of a motor vehicle offense. All but one of these offenses are felonies and are based upon causing the death or injury while driving while impaired. Give the serious sentencing associated with vehicular manslaughter, it’s imperative that anyone facing these charges hire a trusted Raleigh vehicular homicide lawyer like those at Scharff Law Firm.

1. Misdemeanor Death by Vehicle

Misdemeanor Death by Vehicle is a serious crime that could lead to license revocation for up to a year, a probationary sentence, community service, and even jail time. Misdemeanor Death by Vehicle is a Class A1 misdemeanor and could carry a potential jail sentence of 150 days. In order to prove this crime beyond a reasonable doubt, the state must prove that a person:

1. Unintentionally killed another person
2. While violating any state traffic law or local traffic ordinance other than impaired driving; and
3. That violation of the law or local ordinance is the proximate cause of the victim’s death.

Since Misdemeanor Death by Vehicle is not an impaired driving offense, there was no requirement for a chemical analysis of a defendant’s blood, breath, or urine. However, S.L. 2011-119, enacted June 13, 2011, changed that for offenses committed on or after December 1, 2011.

Proximate cause is a cause without which the victim’s death would not have occurred, and one that a reasonably careful and prudent person could foresee would probably produce such injury, damage, or some similar injurious result. The defendant’s act does not have to be the only cause, nor the nearest cause. It is sufficient if the defendant’s actions occurred with some other cause or action at the same time, or in combination with another cause or action that ultimately lead to the victim’s death.

II. Felony Serious Injury by Vehicle

Felony Serious Injury by Vehicle is a Class F Felony that can carry a license revocation for up to 4 years and jail time of up to 59 months. Serious injury is defined as physical injury that causes great pain and suffering. Court look at different factors to determine if an injury is serious. These factors include, but are not limited to: pain and suffering, loss of blood, hospitalization, and time lost from work. In order to obtain a conviction for Felony Serious Injury by Vehicle, the state must prove that a person:

1. Unintentionally causes serious injury to another person
2. While engaged in the offense of impaired driving; and
3. The commission of that offense is the proximate cause of the injury.

III. Aggravated Felony Serious Injury

Aggravated Felony Serious Injury is a Class E Felony that can lead to permanent license revocation and up to 88 months of jail time. To secure a conviction for Aggravated Felony Serious Injury, the state must prove that a person:

1. Unintentionally causes serious injury to another person
2. While engaged in the offense of impaired driving; and
3. The commission of that offense is the proximate cause of the injury; and
4. Within seven years of the present offense, the person has a previous conviction involving impaired driving.

IV. Felony Death by Vehicle

Felony Death by Vehicle is a Class D Felony that carries a permanent license revocation and a maximum punishment of up to 204 months of jail time. To prove this crime beyond a reasonable doubt, the state must show that a person:

1. Unintentionally killed another person
2. While engaged in the offense of impaired driving; and
3. The commission of the impaired driving offense is the proximate cause of death.

V. Aggravated Felony Death by Vehicle

Aggravated Felony Death by Vehicle is a Class D Felony that carries a permanent license revocation and a maximum punishment of up to 204 months of jail time. To prove this crime beyond a reasonable doubt, the state must show that a person:

1. Unintentionally killed another person
2. While engaged in the offense of impaired driving; and
3. The commission of the impaired driving offense is the proximate cause of death; and
4. The person has a previous conviction involving impaired driving within seven years of the death of the offense.

VI. Repeat Felony Death

Repeat Felony Death is a Class B2 Felony that carries permanent license revocation and a possible sentence of 484 months in jail. To prove this crime beyond a reasonable doubt, the state must show that a person:

1. Commits the offense of (a) Felony death by vehicle or (b) aggravated felony death by vehicle; and
2. Has a previous conviction for (a) Felony death by vehicle; (b) Aggravated felony death by vehicle; (c) first or second degree murder based on impaired driving; or (d) voluntary or involuntary manslaughter based on impaired driving.

Common Law Vehicular Homicide Offenses

In addition to the six offenses listed in G.S. 20-141.4, Second Degree Murder and Involuntary Manslaughter are common law crimes that arise from causing the death of another while driving while impaired. Common law crimes are offenses that are not codified in statutes, but based on custom or court decision.

Second Degree Murder

Second Degree Murder based on driving while impaired carries a potential maximum sentence of 484 months. Second Degree Murder arising out of an impaired driving collision is reserved for the most egregious of cases. For this crime, the state must prove:

1. Person was driving while impaired
2. Involved in an accident where another person was killed
3. That defendant acted unlawfully and with malice

Malice is the necessary element that distinguishes second degree murder from manslaughter. Malice arises when an act which is inherently dangerous to human life is intentionally done so recklessly and wantonly as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief. In short, to prove malice and conduct deliberately bent on mischief, the state has to prove to a jury that the defendant does not follow rules and does not care who his conduct affects. Some examples of conduct that state has used to prove malice include:

1. Prior DWI convictions
2. High BAC
3. Egregious driving
   • Passing on double yellow
   • Going the wrong way
   • High speeds
4. Driving while license revoked
5. Bad driving records

Involuntary Manslaughter

Involuntary Manslaughter is the unintentional killing of a human being by culpable negligence. It is a Class F Felony punishable by a 1 year license revocation and up to 59 months of jail time. Misdemeanor death is a lesser included offense of involuntary manslaughter. Meaning that the jury has the option to find you guilty of the less serious Misdemeanor Death offense. For the state to get a conviction for this crime, it must prove the following elements beyond a reasonable doubt:

1. Person was driving while impaired; and
2. That the impaired driving by the person proximately caused the victim’s death.

If you are facing vehicular homicide charges, call us now! The Raleigh Attorneys at the Scharff Law Firm have the necessary experience and background to meticulously assess and aggressively defend your vehicular homicide case.