Car accidents happen all across North Carolina every day. Investigations into a wreck occasionally lead to some form of criminal charge against one or more people involved in an accident. Some car accidents include tragic results. Fatal accidents are heartbreaking. But, the accidents may often lead to criminal charges, which involve many legal issues.
A Raleigh, North Carolina man is accused of driving while impaired after a fatal accident occurred St. Patrick’s Day. Two people, a husband and wife, died after the wreck, and the 34-year-old Raleigh man was injured. In April, the man was indicted on two counts of death by motor vehicle. But, Wake County prosecutors have upgraded the charges in a new indictment to include allegations of second-degree murder.
Authorities claim that the man attended brunch on St. Patrick’s Day and consumed alcohol during that meal. Later, prosecutors say that he was involved in the crash.
Generally, prosecutors have the burden to prove malice to support a second-degree murder charge. While the definition of malice can be complex and riddled with legalese, authorities must prove an intentional act to support the theory of malice—that is, the state must prove that the driver intended to drive in a reckless or dangerous manner that was likely to result in injury or death.
Court records reportedly show that the man pled guilty to DWI charges more than 10 years ago, after a 2001 arrest in Durham County. Several years later, DWI allegations against the man were dismissed, according to a report from WRAL-TV. Prosecutors have obtained a new indictment against the man accusing him of the more serious charges, which require evidence of malice associated with the fatal accident.
Source: WRAL, “Raleigh man faces upgraded charges in fatal DWI crash,” May 23, 2013