State v. Smith

PARKER, Judge.

Defendant first assigns error to the trial court’s denial of her motion to dismiss the charge of death by vehicle. Defendant’s remaining assignments of error concern the requirement in the trial court’s judgment that she pay restitution in the amount of $500,000 as a condition of her probation.

Defendant contends that G.S. 20-141.4(a2) is invalid under both the North Carolina and United States Constitutions because it imposes criminal liability without requiring a finding of criminal intent. General Statute 20-141.4(a2) provides:

Misdemeanor Death by Vehicle. — A person commits…