Vehicular Homicide

Felony Death by Vehicle, Accidents with Injury Cases

If you have been charged with a DUI (Driving Under the Influence) or DWI (Driving While Impaired) in a motor vehicle accident resulting in the death or serious injury of another person, then you are facing a felony charge under North Carolina law.  North Carolina takes the most aggressive stance towards DUI/DWI offenses that involve injuries. In the case of DWI with injuries, a clean criminal history or driving record is irrelevant. If a death or serious injury results while you are driving a motor vehicle under the influence of alcohol or are otherwise impaired, you will be charged with a felony, subjecting you to penalties amongst the harshest available under North Carolina law.  

FELONY DEATH BY VEHICLE

Felony Death by Vehicle is a Class D felony in North Carolina, punishable by imprisonment, the permanent loss of your driving privilege, and the imposition of fines completely within a judge’s discretion.  While a Felony Death by Vehicle charge is often referred to as a charge for “Felony Vehicular Homicide,” “Felony Vehicular Manslaughter,” or “Felony DWI/DUI,” each of these terms refers to the same criminal offense, a DUI/DWI resulting in a fatal injury.  There are 3 essential elements the State must prove to secure a conviction for Felony Death by Vehicle:

  1. The unintentional killing of another;
  2. The criminal offense of Driving While Impaired (DWI); and,
  3. That the DWI is the “proximate cause” of the death

Proximate cause is a legal term of art. In this context, it means that the death would not have occurred but for the DWI.  The State is not required to show that the DWI is the only cause or even the most likely cause of a person’s death, but only that it was a contributing factor in all of the circumstances that may have contributed to the victim’s death.

If you are involved in a DWI resulting in death and have a previous DWI conviction any time within the preceding 7 years, you may also face the more serious charge of Aggravated Felony Death by Vehicle. If you have a previous conviction for a DWI-related death, then you may face charges for Repeat Felony Death, the most serious of all DWI-related death offenses in North Carolina.

FELONY SERIOUS INJURY BY VEHICLE

Felony Serious Injury by Vehicle is a Class F felony punishable by imprisonment, the loss of your driving privileges for up to 4 years, and the imposition of hefty fines.  There are 3 essential elements the State must show beyond a reasonable doubt in order to secure a conviction for Felony Serious Injury by Vehicle:

  1. The unintentional causing of serious injury to another;
  2. The criminal offense of Driving While Impaired (DWI); and,
  3. That the DWI is the “proximate cause” of the serious injury.

Under North Carolina law, “serious injury” is any physical injury causing great pain and suffering. It is found in cases involving injuries requiring hospitalization or resulting in lost wages. In cases involving a previous DWI conviction anytime within the preceding 7 years, the more serious charge of Aggravated Felony Serious Injury applies.  A Class E felony, this charge subjects you to harsher penalties, a longer jail sentence, and the permanent loss of your driving privilege.

Why You Need DeMent Askew Johnson & Marshall:

Cases involving DWI-related deaths or serious bodily injuries require the legal expertise only an attorney experienced in these matters can offer.  These cases are delicate. They impact the community at large, attract the focused attention of the public, and placing the highest political pressure on law enforcement.

At DeMent, Askew & Johnson, our attorneys have handled countless felony death by vehicle cases in and around Wake and Carteret County.  Each has been devasting to everyone involved. With over four decades of experience, our traffic attorneys have defended thousands of serious traffic offense charges.  If you’ve been arrested for DWI with a serious injury or death, call today for a free consultation. 919-833-5555.

We are now DeMent Askew Johnson & Marshall

(919) 833-5555

We are now DeMent Askew Johnson & Marshall

RALEIGH | MOREHEAD CITY

919-833-5555

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Defense of Vehicular Homicide Charges | Raleigh Criminal Defense Lawyers | DeMent Askew Johnson & Marshall

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CRIMINAL DEFENSE SUCCESSES

Not Guilty of DWI with Serious Collision

February 12, 2019

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

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Felony Larceny Charge Dismissed

September 13, 2022

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Violent Felony Dismissed

September 13, 2022

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Not Guilty DWI – No Probable Cause

March 26, 2019

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

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Client found not guilty in DWI case.

June 4, 2019

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7th Offense; Sentence reduction of 75%

June 4, 2019

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

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Jumping to conclusions… No PC on DWI

January 6, 2023

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DWI Dismissed After Unlawful Search

September 13, 2022

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No Consent, No Conviction on DWI

September 13, 2022

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71% reduction in jail time acquired.

March 26, 2019

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Not Guilty on DWI

September 13, 2022

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Possession with Intent to Sell or Deliver Marijuana Dismissed

January 5, 2023

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Not Guilty on Potential Aggravated Level One DWI

September 13, 2022

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; No Jail Time for DWI Charge

February 12, 2019

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No prison sentence for client facing 1 year.

June 4, 2019

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Driving Too Fast, Moving Too Slow… DWI dismissed

January 6, 2023

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

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