Understanding Death by Motor Vehicle Charges in North Carolina

Navigating the complex terrain of motor vehicle-related charges can be daunting. As an experienced criminal defense lawyer, Cole Williams strives to assist you through these difficulties with transparency and sincerity. Let's unravel the complexities of death by motor vehicle charges in Durham, North Carolina.

The Magnitude of Motor Vehicle-Related Charges

Charges pertaining to motor vehicle accidents causing death are serious. Being charged can have significant implications on an individual’s personal and professional life, affecting their reputation, employment, and even their personal freedom. Learn more about our approach at Cole Williams Law.

Death by Motor Vehicle: An Overview

In North Carolina, vehicle related death cases (motor vehicle accident charges) may be prosecuted as either misdemeanor death by vehicle or felony death by vehicle, depending on the underlying circumstances. A comprehensive understanding of these charges is integral to formulating an effective legal strategy.

Felony and misdemeanor death by vehicle charges, aggravated offenses, felony serious injury by vehicle, and repeat felony death by vehicle are set forth in N.C.G.S. 20-141.4.

Misdemeanor Death by Vehicle

A misdemeanor death by vehicle charge may be prosecuted when a person unintentionally causes the death of another while violating a traffic law (or other motor vehicle related statute or ordinance), excluding impaired driving, which is considered under a separate law. The consequences of a conviction can include fines and imprisonment, but it's important to remember that every case is unique and thus may result in different outcomes.

Felony Death by Vehicle

A more severe charge, felony death by vehicle, may be prosecuted when the driver allegedly causes death while driving under the influence of an impairing substance. The consequences of a conviction, as enumerated in the NC Felony Punishment Chart, can be severe and may include lengthy imprisonment and substantial fines in certain circumstances. Felony Death by Vehicle is a Class D felony in North Carolina. Impaired driving may include evidence of a BAC - blood alcohol concentration of 0.08 (or higher) and/or proof of appreciable impairment.

Aggravated Offenses

Aggravated felony death by vehicle and aggravated felony serious injury involve an offender with a previous conviction of DWI impaired driving, within seven (7) years of the date of the present offense/charges. Under North Carolina law, both aggravated serious injury and aggravated felony death require impaired driving to be the proximate cause of the death/injury. Aggravated felony serious injury by vehicle is a Class E felony in North Carolina. Aggravated felony death is a Class D felony, but the defendant is sentenced within the aggravated range of the NC sentencing chart.

Elements Required for a Conviction

To secure a conviction for death by vehicle in North Carolina, the state must demonstrate the following elements beyond a reasonable doubt:

1. The defendant was driving the vehicle;
2. A law was violated (for misdemeanor death by vehicle) or the defendant was driving while impaired DWI (for felony death by vehicle and felony serious injury by vehicle);
3. The defendant's actions caused the death of another person (the proximate cause).

This underscores the necessity of a well-formulated, solid legal strategy when faced with such charges.

Felony Serious Injury similarly includes impaired driving, as defined within N.C.G.S. 20-138.1 (or 20-138.2 as applicable), and impaired driving is the proximate cause of the serious injury.

Consequences of Convictions

The potential legal ramifications of a conviction are significant. Misdemeanor death by vehicle is a Class A1 misdemeanor in North Carolina. For a misdemeanor, you could face imprisonment for up to 150 days for a first offense, while a felony could result in a much longer prison term. The conviction could also result in license revocation, probation, fines, and a permanent criminal record. Repeat felony death by vehicle is classified as a Class B2 felony, and Felony Serious Injury by a vehicle is classified as a Class F felony.

Seek Legal Counsel

When you're faced with a charge as serious as death by vehicle in Durham, seeking qualified legal counsel is paramount. At Cole Williams Law, we're committed to understanding your unique circumstances and offering advice tailored to your case. Contact us today to discuss your case and explore potential strategies.

The Way Forward

Charges involving death by motor vehicle are inherently complex, and the legal system can often be intimidating and confusing. In such trying times, having the right legal team by your side can provide much-needed support. At Cole Williams Law, we work diligently to provide you with an individualized, well-crafted defense that aligns with your needs.

This overview, while thorough, does not replace the necessity of personalized legal advice. We strongly encourage you to reach out to us at Cole Williams Law to further discuss your case and help you navigate the challenging landscape of motor vehicle-related charges in Durham, North Carolina.

Unraveling Legal Terminology

Legal jargon can often be overwhelming for those unfamiliar with it. Here, we will break down some essential terms related to death by vehicle charges.

Proximate Cause

In the context of death by vehicle charges, the proximate cause is an event or factor that's directly responsible for the resulting harm. It's essential to identify this in order to prove whether a defendant's actions caused the death that resulted in criminal charges.

At Cole Williams Law we are dedicated to providing our clients with comprehensive legal advice, taking into account the complexity of each case. Contact us today for more information about your situation and how we can help.

The Importance of Evidence

Crucial to any legal proceeding, evidence in death by vehicle cases can significantly impact the trial's direction and its outcome. Evidence can include witness testimony, video footage, police reports, and more. At Cole Williams Law, we carefully analyze all the evidence to build a well-informed defense strategy.

The Role of Breath and Blood Tests

Breath and blood tests can be key pieces of evidence in cases involving impairment. However, there are rules for their administration, and deviations from the NC Administrative Code and North Carolina General Statutes can, in certain circumstances, make the results unreliable or inadmissible in court. We scrutinize the administration of these tests and, if needed, challenge their validity.

The Emotional Toll and Role of Counseling

Any death by vehicle charge can result in significant emotional stress to the person accused of criminal wrongdoing. This stress can affect not only the person charged but also their families. While we navigate the legal challenges, we strongly urge those affected to consider counseling or therapeutic support to help manage this emotional load.

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