Vehicular Manslaughter: Another Serious Manslaughter Charge in North Carolina
Unlike some states, North Carolina has a third manslaughter offense—vehicular manslaughter—for deaths caused by vehicle accidents. Under our state’s laws, this is known as death by vehicle and is defined as killing another human being while driving under the influence of alcohol or drugs or any homicide that is caused by a violation of a state or local driving law. Examples of situations where a person can be charged with vehicular manslaughter include:
- Texting or talking on a cell phone while driving
- Drowsy driving
- Speeding
- DUI and DWI
- Running a red light
- Reckless driving
Vehicular manslaughter can be charged as a misdemeanor or felony. What charges will be brought will be based on the circumstances of the crime and whether the person has been convicted of this charge in the past. The possible penalties include the following:
- Misdemeanor. A misdemeanor offense is a Class A1 offense that carries a sentence of up to 150 days in jail and a fine to be set by the judge.
- Felony. Vehicular manslaughter can be charged as a Class D felony. A conviction can result in a prison sentence of 38 to 120 months and a fine to be determined by the judge.
- Aggravated felony. If a person has been convicted of DWI in the past, the charge could be aggravated felony death by vehicle, which is also a Class D felony. The penalties include a sentence of 64 to 160 months and a fine—also decided by the judge.
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