Felony death by vehicle in North Carolina is a felony criminal charge, not an aggravated traffic offense. Under N.C.G.S. § 20-141.4(a1), the State must prove beyond a reasonable doubt that the driver was impaired under G.S. § 20-138.1 or § 20-138.2 and that the impaired driving was a proximate cause…
This guide explains how North Carolina prosecutors and defense lawyers analyze death by vehicle charges, proximate cause, and charging discretion in impaired-driving fatalities 1. The Case May Reach the Prosecutor Long After the Train Has Left the Station In some North Carolina jurisdictions, prosecutors learn about fatal crashes well after…