Charlotte Criminal Lawyer Blog
Can I Face Criminal Charges After a Traffic Accident?
Accidents happen very regularly, and most people get into a fender-bender situation at some point in their lives. While, typically, vehicle accidents are civil matters that parties work out between their insurance companies, there are some circumstances that may result in criminal charges. An experienced criminal defense attorney will help you resolve issues that end up in court.
Leaving the Scene of an Accident
North Carolina law requires you to stop when you are involved in an accident. This means that you could be charged with a criminal act if you leave after a crash. Leaving the scene of a crash is also known as a hit-and-run. A driver may face misdemeanor charges when they failed to stop or failed to provide information to the other driver. Felony charges may apply when the crash resulted in personal injuries or death. Penalties for a felony include the suspension of your driver’s license, jail time, fines, and more.
In this video, Managing Member and Criminal Defense Attorney Brad Smith of Arnold & Smith, PLLC explains what an arraignment is in the criminal justice process. He will discuss what happens during an arraignment, the rights you have, and why this step is crucial in your defense.
Driving While Impaired
Driving while impaired (DWI) is a serious offense in North Carolina. There are various levels of DWI. Grossly aggravating factors can elevate the DWI to include more severe penalties. One of the grossly aggravating factors is driving recklessly and causing an accident. Your car may be immediately impounded and your license suspended. You will face penalties upon conviction that may include the suspension of your license, a requirement to attend alcohol education classes, fines, and more.
Driving without Insurance
Driving without insurance is a Class 3 misdemeanor in North Carolina. The penalties for a first offense of driving without insurance include an automatic suspension of your driver’s license for 30 days, up to 45 days of probation, fees of up to $50, and a reinstatement fee for your license. The penalties increase and may include jail time for subsequent offenses or when the circumstances are more serious.
Driving with a Suspended License
Driving with a suspended license is against the law in North Carolina and elsewhere. There are four main categories of license suspension, including driving while your license is revoked, suspension for impaired driving, driving without reclaiming your license after a DWI, and driving after notification. These are misdemeanors, and if convicted, you could face some jail time, fines, and an additional suspension of your driver’s license.
Fleeing from Police
Fleeing and eluding is a crime that occurs when a driver fails to stop for law enforcement when requested. Fleeing from police is elevated to a felony under certain circumstances, including when there is an accident with injuries or with more than $1,000 damage. The penalties may include a jail sentence, probation, fines, and a suspension of a driver’s license.
Vehicular Manslaughter (Death by Vehicle)
A driver can be charged with death by vehicle in situations where a victim died as the result of an accident. To be charged with manslaughter, you must have been negligent in causing the crash. Negligence is the failure to act with the level of care that a reasonable person would have taken under the same circumstances. Some examples of negligent actions are speeding, driving while impaired, and distracted driving, to name a few. Death by vehicle can be a felony, with penalties that include a jail sentence of up to 120 months.
It is essential to fight criminal charges to get the charges dropped or reduced or to get acquitted at trial. Our skilled criminal defense attorneys will assist you in protecting your rights to obtain the best possible outcome. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your case with us today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-141.4.html
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-138.1.html
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