Legal Question in Traffic Law in North Carolina

death by vehical

I am 21 and in the militry, I was driving back from the club with 2 friends. The road was wet and I lost control of my vehical coming out of the turn. I hit a barrier, flipped and skidded a long distance. neither me of my front passanger was wearing a seatbelt. He was ejected and killed immidiatly. My charges are failure to wear a safty belt, D.W.I. (.02), and death by vehical. What is the minimum and max penalty for these violations. All are misdiminores. I believe my speed was 55, but the police say appr 65. It was a 45 mph zone.


Asked on 4/13/04, 11:46 am

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: death by vehical

If you were charged with death due to dui, it is a felony. The DUI is a misdemeanor

� 20-141.4. Felony and misdemeanor death by vehicle. (a1)Felony Death by Vehicle. - A person commits the offense of felony death by vehicle if he unintentionally causes the death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2 and commission of that offense is the proximate cause of the death.

(a2)Misdemeanor Death by Vehicle. - A person commits the offense of misdemeanor death by vehicle if he unintentionally causes the death of another person while engaged in the

violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and commission of that violation is the proximate cause of the death.

(b) Punishments. - Felony death by vehicle is a Class G felony. Misdemeanor death by vehicle is a Class 1 misdemeanor.

Depending on your prior record, you could receive a sentence of 8-27 months.

A level five punishment for the DUI could add 24 hours to 60 days. My advice? Get a lawyer!

Good luck.

If you would like to discuss this further, you can e-mail me at: [email protected].

Either way, I highly advice you to get a lawyer.

Jim Griffin

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Answered on 4/13/04, 11:13 pm


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