We read DWI news, stay on top of DWI regulations and see DWI clients daily, and we have to say, this industry is not for the faint of heart. From clients with first time charges to repeat offenders, we are bound by a code of conduct to serve everyone with dignity and respect. It has been our experience that more people are willing to get help if we stop yelling at them and start listening with encouragement while we give guidance. As tough as it is, justice must be served when someone commits a crime. License revocation, time in jail and even attending our classes and receiving treatment are consequences of a DWI arrest in North Carolina. But what does the law require when someone driving while impaired or under the influence of drugs or alcohol hits someone else cause the death of another person? Is it considered an accidental death? A homicide? Or should it be considered murder, whether intended or not?
In June of last year, the North Carolina legislature passed Senate Bill 105 that increases the penalty for driving while intoxicated deaths to a Class D felony and implements a graduated scale of penalties. The purpose of the bill was to also address the definition of first- and second-degree murder as well as outline the consequence for DWI, drug-dealing and malice that lead to death. Prior to this bill, most drivers who cause a death while drunk are charged with felony death by vehicle, not murder per se.
However, In rare cases, North Carolina district attorneys will charge them with second-degree murder. These cases are rare because they can be difficult to prove as prosecutors need to show an aggravating circumstance, such as a prior drunken driving charge. Malice also has to be proven in murder cases, which can be hard but not impossible, since recently there have been quite a few murder charges in DWI cases.
Recent NC DWI Cases Resulting in Murder Charges
Recent NC DWI Cases Resulting in Murder Charges
- November 30, 2012: Jury found Daniel Brennick of Brunswick County (Wilmington, NC) guilty of second degree murder, felony death by motor vehicle and DWI in the crash that killed Satu Harris near Southport in May 2010. {Read More About This Case}
- November 19, 2012: Amie Jo Skeens, 38 of Hickory, NC plead guilty and was convicted of 2 counts of felony second degree murder, 2 counts of death by motor vehicle and DWI after she hit and killed father and son, Steven and Kevin Moody in 2011. She was sentenced to at least 28 years in prison. {Read More About This Case}
- March 2012: 40-year-old Ronald Mehrley, facing several charges including DWI and felony death by motor vehicle, now charged with second degree murder. The wreck killed Cheryl who was riding in the passenger seat. {Read More About This Case}
Do you think North Carolina has it right? Should DWI offenders be tried for murder if someone dies as a result of a DWI accident?