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When getting ready to welcome a new child, one of the parent’s primary worries is finding a safe car seat. It is indeed critical for families to find the right car seat and make sure it is installed properly to keep their children safe. Aside from this, North Carolina drivers and passengers rarely consider their own seats inside the vehicle. However, a recent report indicates that the safety of the seats already within our vehicles might require more attention than many previously thought. Seatback failure: What is the risk? For decades now, CBS has investigated safety issues and concerns regarding vehicle seats. The investigation found that, in some cases, seats could break in a rear-end accident and lead to even more severe injuries. Essentially, if hit from behind, the front seats could collapse and propel backward – directly into the back passenger seats. How serious is this risk? CBS reports that in the last 30 years: More than 100 people suffered serious or fatal injuries as a result of this issue Most of them were children sitting in the backseats However, individuals in the collapsed seats can also suffer severe injuries It is important to note that the risk of seatback collapses is rare. However, it is still something of which all drivers should be mindful. Especially since lawmakers are taking action in response to these findings. Recently, federal lawmakers introduced The Modernizing Seatback Safety Act to update seat safety standards and mitigate this risk. While it is unclear if the act will become law, this issue is receiving more attention. What should drivers do? Being aware of issues like this is often the first step to combat risks. That is one of the reasons why federal lawmakers are now taking action to increase safety standards. However, North Carolina drivers might worry about what they can do in the meantime. It can help if drivers: Get information about potential risks regarding the manufacturer of their vehicle, or the type of car they have Check consumer reports and research safety issues if purchasing a new or used vehicle Keep children in rear-facing car seats for as long as is safe Drivers cannot control how other motorists act on the road. They can only control their own driving habits and behaviors. Therefore, it is always critical for drivers to stay focused and drive defensively, to reduce the risks they face on the road and in their own vehicle.

Getting pulled over and charged with driving under the influence can very quickly turn someone’s life upside down. Individuals worry about what happens next, what will happen in their future and how it will affect everything they planned. These concerns often boil down to one question: how long will a DWI conviction stay on their records? Remember: DWIs appear on two records A DWI frequently leads to a combination of administrative penalties and criminal penalties. Along those same lines, DWI convictions also appear on two records: driving records and criminal records. And how long a DWI stays on one’s record depends on the specific record in question: Criminal record: A drunk driving conviction remains on an individual’s criminal record forever. In some cases, it is possible for individuals to get records expunged, but they must meet certain conditions. Driving record: A DWI conviction stays on one’s driving record for seven years in North Carolina. These seven years are the look-back period. The look-back period informs whether individuals face charges – and penalties – for a first offense or a second offense. For example, if someone faces DWI charges twice within seven years, the second time results in a second offense. However, if they face charges again seven years or more after their first DWI, it would be a first offense. Therefore, even though a conviction only stays on one’s driving record for seven years, it still poses a significant risk during that period. Convictions on both records can negatively affect the future The impacts that DWI convictions have on both one’s driving record and criminal record demonstrate why individuals must take charges seriously. If they do not, a conviction could continue to interfere with their lives long after the fact. Any background checks involve reviews of criminal records. Some also include a review of one’s driving record in some cases. The appearance of a DWI on these records can significantly affect: Employment and professional connections Housing applications Insurance costs and premiums Obtaining skilled defense and fighting DWI charges is important to manage these risks, as well as protect individuals’ futures.

Driving in the rain can be a hassle. However, it is critical to remember that changes in weather conditions also mean changes in road conditions. Even if North Carolina motorists take more care behind the wheel when it rains, it is still common to wonder: just how dangerous is it to drive in the rain? The short answer? Quite a bit. A 2019 study found that the chance of being in a fatal accident increases significantly when it rains. The results indicated that the risk of an accident rose: By 27% even in a light rain By 34% in rainy, snowy or icy conditions For drivers in North Carolina, the biggest risk is the rain. And according to the Federal Highway Administration, most weather-related crashes occurred when it was raining or on wet roads. What are the biggest risks of bad weather? The researchers who conducted the 2019 study indicated that some risks stemmed from drivers underestimating the danger of bad weather. Particularly when driving in a drizzle or light rain, it is common for drivers to misjudge the risk. They might only believe it is dangerous to drive when it is raining heavily. However, rainy conditions also create risks that drivers cannot control, but should take into account to stay safe. These particular risks include: Reduced visibility, which is already a common risk factor on the road, and makes it even more important to turn headlights on Reduced traction, which can increase stopping distances considerably and make it easier to lose control if speeding There is another hazard as well. Like with distracted driving, even if an individual takes precautions to drive safely and defensively when it rains, other drivers might not. Those drivers still pose a risk on the road. No matter the weather, drivers must always be alert to avoid serious accidents.

Dealing with criminal charges is always alarming – and always serious. And facing any charge can leave individuals in North Carolina with many questions. What will happen next? What are their rights? These questions and concerns become even more critical if individuals learn they could face federal charges as well. Hearing this can come as a shock and also lead people to another question: how did the charges escalate to the federal level? What makes an act a federal crime? There are a few circumstances when a crime could result in federal charges. These situations include: If the action specifically violates federal laws, such as assaulting law enforcement officers If an individual charged with committing a crime or the criminal activity itself crossed state lines If criminal activity occurs on federal property, including courthouses or federal offices In some cases, if the criminal activity involves certain aggravating factors For example, mail fraud usually involves federal charges because it uses the federal organization of the United States Postal Service and frequently crosses state lines. This is also why many other white-collar crimes lead to federal charges. Do federal charges involve greater risks? It is true that federal crimes often lead individuals to face increased risks and consequences. State charges and federal charges can vary significantly. Additionally, federal charges involve different investigation and prosecution processes. But there are two primary issues individuals should be aware of in particular: Federal charges frequently involve greater penalties than state charges, including significantly higher fines and more jail time Individuals could face prosecution at both the state and federal levels, regardless of double jeopardy protections Several factors could turn state charges into federal charges. That is why individuals must take any criminal charges seriously, and take steps to protect their rights.

There is nothing easy about dealing with DWI charges. You could be left worrying about the legal and administrative penalties as well as how a conviction could affect your future. On top of the stress, there are also several tasks that individuals facing DWI charges must do. One of the tasks that North Carolina courts often require is the completion of a substance use assessment – but what is that? An assessment is often required If individuals face DWI charges, North Carolina law requires them to take a substance use assessment. Depending on the results of this assessment, you might: Have to attend a DWI education program Participate in a treatment program These assessments aim to determine if individuals suffer from addiction, as well as if they are at risk of a substance use disorder. Additionally, while these assessments can often be a mitigating factor when it comes to a DWI conviction, they are often still essential if you wish to regain limited driving privileges in certain situations. What does this assessment involve? There are specific authorized professionals and organizations who can complete the DWI assessments. Regardless of which provider individuals choose, the assessment generally includes: A review of the individual’s driving record Review of the relevant court documents Analysis of the Breathalyzer and blood tests An interview with the individual Completion of paperwork and questionnaires In many cases, the emphasis on treatment for substance use disorders is a positive matter. It can help individuals struggling with such disorders obtain the help they need. Even so, it is still critical that individuals take steps to fight DWI charges. Mitigating factors and seeking help is important, but a DWI on your record can jeopardize the future you had planned. That is why it is often helpful to seek experienced counsel to understand how to handle these charges effectively and protect your rights.

There are about 228 million drivers in the U.S., divided in half almost exactly between men and women. The equity doesn’t extend to motor vehicle crashes involving injuries, however. According to a recent study by the Insurance Institute for Highway Safety (IIHS), women are much more likely than men to sustain serious injuries in crashes. The IIHS says two main factors contribute to the difference between genders in injury risk: vehicle choice and circumstances of the wrecks. Diving into the data The organization crunched the injury statistics from police-reported front- and side-impact wrecks from 1998 to 2015. The data shows that women were from 37 percent to 73 percent more likely to suffer serious injuries. Women were also from 20 percent to 28 percent more likely to die in crashes. Jessica Jermakian, vice president of vehicle research at the IIHS, said, “The numbers indicate that women more often drive smaller, lighter cars and they’re more likely than men to be driving the struck vehicle in side-impact and front-into-rear crashes.” Injury types Researchers found that in front-impact collisions, women were three times more likely than men to sustain a moderate injury such as a concussion or broken bone. Women are twice as likely in those crashes to sustain a serious injury such as a traumatic brain injury or collapsed lung. In side-impact collisions, women were about 50 percent more likely to sustain a serious injury. The risk of moderate injuries was about the same for both genders. Vehicle choice and more The IIHS found that about 70 percent of women were in crashes while driving cars, compared to 60 percent of men. More than 20 percent of men were in crashes while driving pick-ups, the IIHS said, compared to less than 5 percent of women. Within the vehicle classes, men tended to drive heavier vehicles, which previous research has shown offer more protection in wrecks. In an analysis of crash data from the Fatality Analysis Reporting System, researchers found that in front-to-rear and front-to-side collisions, women are more likely to be driving the struck vehicle. Because drivers of striking vehicles are less likely to be injured than the driver of the struck vehicle, researchers believe that is also a factor in the difference in crash outcomes for women and men. Statistics and studies are informative, but if you have suffered an injury in a crash in the Raleigh and Durham area, your focus will be on how to fully recover both physically and financially.

Even the most experienced motorcycle riders face heightened risks when they take to North Carolina roads. They might take all the necessary precautions, but it is all too common that other drivers will not look for or see motorcycles, putting them in danger of serious injuries. The injuries that are visible after a motorcycle accident, such as road rash and leg injuries, are scary for both the rider and their loved ones. However, it is important to look out for internal injuries as well. Internal injuries are too common in motorcycle accidents Since bikers do not drive in closed vehicles, they face a significant risk of injury in the event of an accident. And internal injuries are one of the biggest dangers. Some of the most common internal injuries that result from motorcycle accidents include: Traumatic brain injuries (TBIs) Abdominal trauma, often involving internal bleeding Collapsed lungs Spinal cord injuries Loved ones and riders alike should watch out for the signs and symptoms of these internal injuries, so they can make sure these injuries are attended to. This is also why it is so critical to seek medical attention and care as soon as possible. Mental health is another internal risk after a crash People do not usually classify effects on one’s emotional or mental health as internal injuries. However, these invisible effects are serious. Motorcycle accidents are traumatic events. They can often lead injured motorcyclists to experience symptoms of post-traumatic stress disorder (PTSD), including: Extreme anxiety surrounding motorcycling or even driving again Distressing and intrusive memories of the accident Symptoms of depression and withdrawal Mental and emotional recovery after an accident is important too. Families should be aware of these risk factors to ensure injured motorcyclists get the full care they need.

The terms “assault and battery” are almost always used together. That is why many people group them into the same category and charge. It is true that these charges are frequently combined, but they are not the same. And it is critical for individuals to be aware of the difference between these two, especially if they face criminal charges. What is the difference? The main difference between these two charges is: Assault is an action that causes someone to fear physical harm, including an attempt or threat of harm Battery involves actually harming someone physically The supposed threat and the act of harm often occur together, which is why it is so common to see assault and battery combined together in charges. No matter the differences, the charges are serious Many people facing the threat of criminal charges in North Carolina might not be concerned with the difference between these two terms under the law. Yet, they should understand them. Since they are separate charges, they often have separate penalties. If individuals face these compounded charges, then they could face compounded penalties as well. Charges of simple assault or assault and battery are often misdemeanors. However, individuals should not overlook even misdemeanor charges of assault. Additionally, many factors could escalate these charges into a felony, including: The use of a weapon Causing serious injury Harm to law enforcement officers Assault in the process of another crime The penalties individuals could face are serious, and having such charges on one’s record can create significant challenges for their future. Regardless of the charge, it is essential to understand the potential consequences and fight the charges as soon as possible.

There are many options individuals can take to avoid drunk driving and proactively prevent being charged with a DWI. Individuals can choose a designated sober driver or call a rideshare service, so they do not get behind the wheel after drinking. Some people might also consider sleeping it off in their vehicle, so they do not drive while impaired. However, this is not the safest option. Even choosing not to drive under the influence and “sleep it off” could put individuals at risk of facing criminal charges. Can you get a DWI even if you sleep it off? The term “driving while impaired” would imply that individuals must actually be driving to face DWI charges. But under North Carolina law, that is not always the case. “Driving” covers more than that single action – it also encompasses the operation of the vehicle. And operating a vehicle has a much broader definition than driving. This could also include many scenarios, such as: Having car keys on one’s person or in the ignition Sitting in the driver’s seat Being in the vehicle with the engine running Therefore, individuals could still face the risk of a DWI even if they park the car and fall asleep behind the wheel. Essentially, if police can infer that an impaired individual had the intention to drive or could have operated the vehicle, they can charge them with a DWI. Sleeping it off might raise suspicion too In North Carolina, police must have probable cause to: Pull someone over in a traffic stop Arrest the individual Unfortunately, while sleeping it off might seem responsible, it might also lead police to believe the individual is impaired. These circumstances can make DWI cases much more complex than they already are. It is critical that individuals understand these risks so they can take steps to prevent these situations, as well as defend their rights if they face such charges.

Frasier & Griffin PLLC has locations in Raleigh and Durham, both of which offer counsel and representation to clients in a variety of legal matters. The firm is experienced at handling criminal cases, including homicide, white-collar crimes, theft, and domestic violence. Other areas of practice include personal injury and family law. Ralph K. Frasier, esteemed among criminal defense attorneys in Durham, is admitted to practice in North Carolina and Ohio and is affiliated with several professional associations, including the North Carolina Association of Black Lawyers. Expertise Selection Process

Most attorneys who practice law charge the client a fee based on the time spent on the case. This includes time litigating in court, talking to the client, preparing the case, negotiating with the other side’s attorney, and other details related to the case. There is often a retainer required to get the ball rolling. Personal injury attorneys, on the other hand, are paid a contingency fee, which means their pay is contingent on winning the case in court or securing compensation for the victim in an out of court settlement. They will receive a percentage of the final amount, which averages about one-third but will depend on the case. This arrangement is understood by the judge and the defendant's legal team. The plaintiff's attorney charges no legal fees if they lose the case. Why is it set up this way? There are a few good reasons why the legal system uses this approach for personal injury, all of which benefit the client: It levels the legal playing field: The defendant is likely an insurance company who does not want to pay damages, but they keep lawyers on retainer. Contingency ensures that the plaintiff has capable legal counsel in their corner as well. Many cannot afford the fees: Attorneys often costs hundreds of dollars an hour, which is more than many victims can afford, particularly if they are out of work due to their injuries. Avoids predatory representation: Attorneys are not tempted to take a case (or stretch one out to increase fees) that they know they will lose just because they need the money. There are still some expenses While there is no out of pocket legal fees, there may still be related expenses tied to court fees and administrative fees. The victim may also wish to hire expert witnesses like a doctor who can explain spinal cord injuries or an expert in motor vehicle crash reconstructions. These people help strengthen a case but are paid a fee regardless of the case’s outcome -- this includes their time and possibly travel and lodging. An initial consultation starts the process Attorneys and potential clients start their working relationship with an initial consultation. This is when the victim explains the case's circumstances, and the attorney can decide whether they want to take the case. They will answer other questions as well, including how they calculate fees.

Receiving probation can feel like a relief after facing criminal charges. However, it is critical that individuals understand the terms of their probation fully as they move forward, so they can protect themselves and avoid the effects of a violation. What exactly counts as a violation? If the court orders probation, they will outline specific conditions and rules individuals must follow. These conditions can vary significantly. After all, they will depend on the individual’s circumstances and the criminal charges they faced. Under North Carolina law, the conditions of probation could include, but are not limited to: Fulfilling community service Paying court-ordered fines Seeking treatment for substance abuse Not using or possessing illegal drugs Submitting to periodic drug tests Submitting to monitoring Failing to adhere to any of these conditions or rules is generally considered a probation violation. Some violations can have more severe penalties There are two probation violations that North Carolina courts consider to be more serious than those listed above. These actions – called substantive violations – are: Absconding, or purposely avoiding supervision Facing new criminal charges above a Class 2 misdemeanor Individuals should not overlook the risk of probation violations. They could face serious consequences as a result. Depending on the type of violation and the individual’s situation, courts might order jail time or restrict the existing conditions further. Substantive violations could even lead to the revocation of probation. The court does not take these violations lightly, and individuals must take great care to understand their rights as well as the rules of their probation to protect their future.