James K. Minick
Serious injury by a vehicle offenses are crimes that are tacked on to impaired driving offenses when the impaired driving causes serious injury to another person. Since these offenses have the potential to cause serious injury or death, these crimes are felony offenses. This serves not only to punish the guilty individual but also to potential deter people from engaging in impaired driving.
The following offenses outline each element that is required for conviction and the potential punishments upon conviction. In order to obtain a conviction, the State must prove each element of the offense beyond a reasonable doubt.
Felony Serious Injury by a Vehicle
Elements
A person is guilty if they:
- Unintentionally
- Causes
- Serious injury
- To another person
- While engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or impaired driving in a commercial vehicle under N.C. Gen. Stat. § 20-138.2, and
- The commission of the impaired driving offense is the proximate cause of the injury
Punishment
If a person is guilty of a felony serious injury by a vehicle, they are guilty of a Class F felony under N.C. Gen. Stat. § 20-141.4(b)(4).
Aggravated Felony Serious Injury be a Vehicle
Elements
A person is guilty if they:
- Unintentionally
- Causes
- Serious injury
- To another person
- While engaged in the offense of impaired driving under N.C. Gen. Stat. § 20-138.1 or impaired driving in a commercial vehicle under N.C. Gen. Stat. § 20-138.2, and
- The commission of the impaired driving offense is the proximate cause of the injury and
- Within seven years of the present offense, the person has a previous conviction involving impaired driving
This offense is basically the same as the previous offense except for the addition of the prior conviction within seven years of the present offense.
Punishment
If a person is guilty of a aggravated felony serious injury by a vehicle, they are guilty of a Class E felony under N.C. Gen. Stat. § 20-141.4(b)(3).
