What is the difference between a criminal and civil drunk driving case?
In North Carolina, when a drunk driving accident occurs, two types of legal action can be taken—a criminal trial and a civil lawsuit. The difference between these two forms of legal action lies primarily in the end goal pursued by each and by whom. In a criminal trial, the defendant is prosecuted by the state and the charges brought against them are typically criminal offenses such as DUI or vehicular homicide. The goal of the prosecution is to secure a conviction against the defendant and obtain a punishment that could include jail time, fines, or the revocation of one’s license. On the other hand, in a civil lawsuit, the plaintiff (the person filing the suit) is seeking financial compensation from the defendant for any damages suffered as a result of the drunk driving accident. The plaintiff does not have to prove beyond a reasonable doubt that the defendant is guilty as they do in a criminal trial but instead has to provide evidence that the defendant was more likely than not responsible for the accident. The defendant can be found liable and responsible for paying the plaintiff damages, and this money would be used to pay for medical expenses, car repairs, or other costs resulting from the accident. In sum, the difference between a criminal and civil drunk driving case is that the primary goal of the criminal trial is punishing the defendant, while the primary goal of a civil lawsuit is seeking financial compensation from the defendant.
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