When Does DWI Resulting in Death Amount to Second Degree Murder?
Posted in the Charlotte Forum
#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).
Add your comments below
|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|
|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|
Find what you want!
Search Charlotte Forum Now
Copyright © 2016 Topix LLC