Hit and run (leaving the scene)
North Carolina law requires a driver involved in a crash to stop, stay at the scene, give information, and help anyone who is hurt. Leaving the scene can be a misdemeanor when only property is damaged. It can be a felony when someone is injured or killed.
Defenses often turn on what the driver knew. Did you know a crash happened, or that someone was hurt? Did you leave to get help or because you felt unsafe? Were you the driver at all? We look closely at video, damage, phone records, and witness accounts.
Fleeing to elude arrest
Speeding to elude arrest means driving away from a law enforcement officer who is trying to stop you. It is a misdemeanor in its basic form. It becomes a felony when two or more aggravating factors are present, such as speeding well over the limit, reckless driving, driving while impaired, driving while revoked, or negligent driving that causes injury or property damage. If the flight causes a death, the charge is a felony and can be more serious still.
A vehicle used in felony speeding to elude may be seized and forfeited. These cases often come down to whether the driver knew an officer was trying to stop them and which factors the State can actually prove.
Death by vehicle
Misdemeanor death by vehicle applies when a driver causes a death while breaking a traffic law, without impairment. Felony death by vehicle applies when the driver was impaired. A related charge, aggravated felony death by vehicle, applies when the driver also has a prior impaired driving conviction within seven years.
These are tragic cases for everyone involved. The defense must still test every part of the State’s case: what caused the crash, whether a traffic violation actually caused the death, and whether any impairment evidence is reliable.
Some death by vehicle and serious injury cases also bring a civil claim from the family or the injured person. What you say in one case can be used in the other. We coordinate with any civil lawyer or insurance defense lawyer so your words in one setting do not hurt you in the other.
What we investigate
- The scene. Photos, measurements, road design, lighting, and weather.
- The vehicles. Damage patterns and any data stored in the car.
- The video. Body camera, dash camera, traffic camera, and business video.
- The witnesses. What each person could actually see.
- The crash reconstruction. Whether the State’s conclusions hold up, and whether an independent reconstruction is needed.
- Any blood or breath testing, in cases that allege impairment.
Some evidence disappears quickly. Video is often overwritten. Body and dash camera recordings in North Carolina are not public records under G.S. 132-1.4A, and getting a copy generally needs a superior court order, so early action matters.
Your license and other consequences
Many of these convictions bring a DMV revocation, and some bring a long one. A felony conviction carries lasting consequences for jobs, housing, and gun rights. We explain each consequence before you make any decision about your case.
If you are contacted by investigators
After a serious crash, officers or crash reconstruction investigators may call, visit, or ask you to come in for an interview. Insurance companies may ask for a recorded statement. Be polite, but do not give a statement until you have talked with a criminal defense lawyer. You have the right to remain silent and the right to a lawyer.
Do not post about the crash on social media, and do not discuss it in texts or on recorded jail calls. Keep any photos, videos, or repair records you have. Do not repair or sell the vehicle until you talk with a lawyer, because it may be important evidence for the defense.
How we help
We prepare every case as though it is going to trial. We do not accept the police report as fact. We tell you the hard truth about the evidence and your options. We explain our fee in writing before you hire us.
If you are under investigation or have been charged, call (336) 281-2008 before you talk to investigators or insurance adjusters about the crash. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Is hit and run a felony in North Carolina?
It can be. Leaving the scene of a crash with only property damage is usually a misdemeanor. Leaving the scene when someone is injured or killed can be a felony.
What makes fleeing to elude a felony in NC?
Speeding to elude arrest becomes a felony when two or more aggravating factors are present, such as speeding well over the limit, reckless driving, impaired driving, or driving while revoked. It is also a felony if the flight causes a death.
What is the difference between misdemeanor and felony death by vehicle?
Misdemeanor death by vehicle involves causing a death while breaking a traffic law without impairment. Felony death by vehicle involves causing a death while driving impaired. The felony carries much heavier punishment.
Should I talk to the police about the crash?
You have the right to remain silent and the right to a lawyer. Before you give a statement to police or an insurance company about a serious crash, talk with a criminal defense lawyer.