North Carolina Criminal Law Updates
Driving While Impaired can serve as a “predicate offense” for serious felony charges including manslaughter, murder, and felony death by vehicle. Homicide and DWI fatality allegations merit 
careful consideration of the law, facts, and accident scene, given the possibility of long-term prison terms.
When “drunk driving” results in the death of another, the Office of the District Attorney often assigns senior-level attorneys to prosecute the felony charges.
Cases that involve homicide charges deserve legal represenation by a defense attorney with decades of practical courtroom experience- Danny Glover, Outer Banks Criminal Lawyer
DWI charges, unlike other allegations that may involve a felony or misdemeanor, involve defendants who represent a wide segment of the community.
The difference between an arrest for impaired driving and one that involves a DWI fatality is often a matter of physics. When one speaks of the dangers of drunk driving, it is understood that alcohol impairs mental and physical faculties.
The correlation involving alcohol-related accidents and impairment is well documented. It’s one reason prosecutors, judges, and the public alike considers Driving While Impaired in North Carolina a very serious criminal charge.
Homicide Charges: Responding to Media Inquiries
If a member of the media attempts to contact you about criminal charges, we recommend not responding.
It’s better not to say anything at all.
We firmly believe it best for your criminal attorney to decide how to respond to media inquiries. It’s better to politely refer television and newspapers for legal counsel and leave it at that – Danny Glover, OBX Criminal Lawyer
DWI Fatality Charges: Murder and Manslaughter
Second Degree Murder – Murder by Vehicle
Second-degree murder is the killing of another person with malice and without lawful justification or excuse. Murder is an unlawful killing. The prima facie proof (evidence) includes:
- Defendant drove a vehicle; and,
- On a public street, highway, or public vehicular area; and,
- In the State of North Carolina; and,
- A collision/accident while the defendant operated a vehicle; and,
- Another human being was killed as a proximate cause of the accident/collision; and,
- The Defendant was DWI – Driving While Impaired; and,
- The Defendant acted with malice and without lawful excuse
**Malice is an essential element of the criminal charge of Second Degree Murder in North Carolina.
Malice may be found when the accused acts intentionally, in such a wanton and reckless fashion, so as to show an evil mindset without due regard for social duty and human life.
Involuntary Manslaughter
Involuntary Manslaughter is the unintentional killing of another person due to culpable negligence. Homicide is an unlawful killing of a human being.
The element of malice differentiates Involuntary Manslaughter and Second-Degree Murder, where malice is NOT PRESENT in manslaughter charges.
In both Second-Degree Murder and Manslaughter, the operation of the vehicle must be A PROXIMATE CAUSE of the death of another. It is a real cause, whereby the decedent’s death would not have otherwise occurred.
“A proximate cause” is not the sole or only cause of the injury or damage. It also need not be the last or nearest cause of injury, damage, or death.
Danny Glover: Outer Banks Criminal Defense Attorney
Our law firm provides legal help to people accused of crimes. If you have questions about either a felony or misdemeanor, give us a call.
Legal consultations are strictly confidential. That means what you tell us is secret. The attorney-client privilege extends from the initial consultation throughout the egal representation.
As such, even if you choose not to retain our firm for legal services, everything you tell us in consultation also remains private/secret.
We also do not charge consultation fees for criminal charges.
If you’re looking for an Outer Banks lawyer, we’re here to help. We travel throughout the OBX handling traffic tickets, DWI charges, and other criminal matters.
Related Topics of Interest – NC Criminal Laws – DWI & Homicide Charges:
- Charlotte Observer – DWI Charges in Charlotte
- Second Degree Murder by Vehicle – NC Pattern Jury Instructions
- Waiver of Probable Cause
- What is an Indictment?
- DWI Sentencing in North Carolina
- Felony Serious Injury by Vehicle
- Felony Death by Vehicle