When Does DWI Resulting in Death Amou...

When Does DWI Resulting in Death Amount to Second Degree Murder?

Posted in the Charlotte Forum


Charlotte, NC

#1 May 31, 2013
Because the act of driving while impaired violates a safety statute designed for the protection of human life and limb, it amounts to culpable negligence as a matter of law, see State v. Davis, 198 N.C. App. 443, 447 (2009). Thus, driving while impaired and proximately (but unintentionally) causing the death of another is involuntary manslaughter, a Class F felony. However, the act of impaired driving and thereby causing the death of another does not, without more, constitute second-degree murder. That is because second-degree murder requires malice, a state of mind that can be proved in vehicular homicide cases by showing that the defendant intended to drive in a reckless manner reflecting knowledge that injury or death would likely result. See State v. McAllister, 138 N.C. App. 252 (2000).

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Charlotte Discussions

Title Updated Last By Comments
Did Rick Hendrick Ever Really Have Leukemia? (May '09) 12 hr Kmo87_nemco 82
guitar center sucks 17 hr Psalm 69 5
Balfour beatty rail 21 hr wtf 2
News Four arrested in uptown protests after Keith Sc... Thu ThomasA 4
Where the boy at in Charlotte ? (Dec '15) Thu Fred Herbert 68
Get ready Charlotte Thu Native 10
I Love Black Women (May '11) Wed MarchinLootinKangz 257

Charlotte Jobs

More from around the web

Personal Finance

Charlotte Mortgages