Articles Posted in felony death by vehicle

Search the phrase “per se DWI North Carolina,” and the results look deceptively confident. AI summaries and legal directories will tell you that if your blood test hits a certain number, a conviction is inevitable. It is not the language of the statute. It is not the language used to…

In North Carolina impaired driving cases where retrograde extrapolation becomes relevant, chemical testing is often separated from the driving event by significant delay. This is most commonly seen in serious vehicular prosecutions where impaired driving serves as a predicate offense, including collision investigations involving injury or death, where scene management,…

When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina? For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent…

One of the most common misconceptions in criminal cases is the belief that charges will automatically be dismissed if police fail to read Miranda rights. That belief, often shaped by television and popular culture, rarely reflects how Miranda operates under North Carolina criminal law. Miranda rights are an important constitutional…

What is Felony Death by Vehicle Under North Carolina Law? Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by…

When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder. While both…

Expert testimony can play a pivotal role in DUI charges in North Carolina. In part, that’s because allegations of impaired driving often involve complicated scientific, forensic evidence and technical procedures—such as chemical breath tests, blood alcohol analyses, and field sobriety testing—that lay jurors or even judges may not fully understand.…

DWI fatality and homicide cases, those involving murder, manslaughter, and felony death by vehicle charges in Mecklenburg County are handled by a special team of prosecutors. Defense attorneys and prosecutors alike refer to it as the “Homicide Team.” The lawyers in Charlotte who comprise the DA Homicide Team are some…