Any motor vehicle offense-related death is a grave concern, specially if it is a Misdemeanor. Even in situations where it might be considered a “accident,” there might be a lengthy license suspension and a criminal record.
North Carolina Criminal Law 20-141.4(a2), which imposes severe penalties for Misdemeanor Death by Vehicle, is one of the more serious motor vehicle offences that qualify as a criminal offence.
A misdemeanor charge known as “Death by Vehicle” refers to the accidental death of another person while driving a motor vehicle. Any North Carolina regulation governing the secure operation of a motor vehicle, including local ordinances, moving violations, and traffic laws, is the direct cause of the tragedy.
The State is required to establish the following prima facie factors, Beyond a Reasonable Doubt:
Defendant Ignored a North Carolina Motor Vehicle Operating Law
Defendant broke a North Carolina law pertaining to operating a motor vehicle.
- Any Local Law
- Any state law that governs the operation or use of a vehicle or traffic regulation
- One person’s death was directly caused by the defendant’s breach of the law.
Misdemeanour Death by Vehicle has some basic factors that are listed in North Carolina Pattern Jury Instruction 206.58.
The civil standard of “The Proximate Cause” is not the same as a Proximate Cause. A actual reason that would not have led to the fatality is known as a proximate cause.
It is not necessary for the unlawful act to be the lone factor contributing to the death. The last or nearest cause of death need not be proven to be causal in accordance with the law.
When a Proximate Cause occurs simultaneously with another cause and acts in concert with it to cause another person to die, it is considered adequate. A wise and reasonable person may have predicted that the unlawful act would result in a comparable harm, harm to one’s self, or harm to property.
A homicide is classified as a “lesser included” offence of Felony Death by Motor Vehicle, not Misdemeanour Death by Vehicle. Impaired driving and impaired driving a commercial vehicle are expressly excluded by statute from the category of misdemeanour death by vehicle.
Therefore, it would be more appropriate to charge and file an indictment for a homicide involving impaired driving as a felony death by vehicle, involuntary manslaughter, or murder.
In some cases, a misdemeanour death by vehicle may be considered a lesser included offence of Involuntary Manslaughter, which is a felony in North Carolina.
The court is required to “instruct” the jury on all alleged offences related to safe vehicle operation, in the event that a grand jury indictment charges multiple violations of traffic laws and/or North Carolina laws pertaining to their safe operation.
When determining criminal culpability, some, all, or any portion of these offences may be considered a Proximate Cause.
Both the State and the Defendant may inform the jury during jury instructions on the potential consequences of a conviction in cases where the conviction for Misdemeanour Death by Vehicle could lead to the cancellation of a driver’s licence.
Concurrent Offences
- Related or comparable offences could be:
- Felony Serious Injury by Vehicle
- Aggravated Serious Injury by Vehicle
- Involuntary Manslaughter
- Second Degree Murder
- Reckless Driving
- Exceeding the Posted Speed Limit
- Following Too Closely
- Lane Violation
- Unsafe Movement
Defenses Against Vehicle Death Misdemeanor
A defendant would not be found guilty of Misdemeanour Death by Vehicle under North Carolina Criminal Law 2-141.4(a2) if they were not the cause of the collision that claimed another person’s life. Therefore, contesting the direct cause of the death would be a legitimate defence.
Punishment
In North Carolina, misdemeanour death by vehicle is categorised as a Class A1 misdemeanour. The Department of Adult Corrections has a maximum sentence of 150 days in jail.
Manslaughter resulting from the same fatality and Death by Vehicle (felony or misdemeanour) both put the Fifth Amendment (Double Jeopardy) in jeopardy. In the event of a manslaughter charge and indictment resulting from the same death, no defendant may face prosecution.
Even transgressions that are considered minors under the motor vehicle regulations designed to safeguard safe driving—the operation of a motor vehicle—may contribute to an accident and result in harm or death. As a result, the causes of the incident and the tragedy that followed must be carefully considered.
Also Read: Misdemeanor in Your Records
FAQ’s
What is the sentence of Misdemeanor death in NC?
In North Carolina, misdemeanor death by vehicle is categorized as a Class A1 misdemeanor. The Department of Adult Corrections has a maximum sentence of 150 days in jail.
What is a Class A1 misdemeanor in NC?
The class A1 is for more severe misdemeanor crimes. They carry a maximum penalty of 150 days of active, intermediate or community punishment. Most A1 misdemeanors involve assault. The fine is left to the discretion of the court; there is no specific maximum fine.
What is a serious injury by vehicle in NC?
Under North Carolina Criminal Law, Felony Serious Injury by Vehicle is a Class F Felony offense with severe penalties if found guilty. A conviction may result in jail time for a maximum of 59 months.
Is death by vehicle a misdemeanor in NC?
Misdemeanor Death by Vehicle is a Class A1 misdemeanor in North Carolina. A conviction could result in a jail sentence, fines, probation, and suspension of driving privileges.
What type of injury is a car accident?
The two forms of injuries sustained in auto accidents are impact and penetrating. Impact injuries can involve things like being thrown against the side of the car or banging one’s skull on a seat. Cuts and lacerations are examples of penetrating injuries. Unsecured objects within the car or shattered windows could be the source of them.
References
https://www.hiltzheimer.com/death-by-motor-vehicle/
https://www.younglittlelaw.com/practice-areas/traffic-violations/vehicular-homicide/