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Commercial drivers spend most of their time on the road. Therefore, obtaining and maintaining their commercial driver’s license (CDL) requires them to meet high safety standards when behind the wheel. They must be especially careful when it comes to the risk of impaired driving. That is why drivers must understand all of the challenges they could face if they deal with DWI charges. DWIs are a serious risk for commercial drivers Most commercial drivers know that they face serious penalties if they drive impaired. This includes all kinds of individuals who drive for a living, from truck drivers to bus drivers. All of these drivers are subject to North Carolina’s zero-tolerance standard, but what does this standard mean for drivers? It significantly increases the consequences and risks that commercial drivers could face. For example: It is against the law for commercial drivers to operate a vehicle with a blood alcohol content (BAC) of .04 percent, which is half the legal limit North Carolina law generally requires disqualification of a driver’s CDL for one year after a first offense Commercial drivers do not have limited driving privileges with a disqualified license If commercial drivers face a second DWI offense, they could lose their CDL for life. What if drivers are not in a commercial vehicle? As mentioned above, commercial drivers are held to higher standards than most other drivers – even when they are not on the job. It is important to note that if a commercial driver faces DWI charges involving a BAC of .08 percent or higher in their own vehicle, they could still face significant penalties. For example: North Carolina law will still disqualify their CDL for one year They could face consequences with their employer Getting another job as a commercial driver could prove challenging This is often in addition to the criminal and administrative penalties that come with a DWI conviction, including fines and jail time. Any history of DWI charges or other moving violations could put a commercial driver’s career in jeopardy. This, in turn, can put their financial health and family at risk. Therefore, drivers must take these charges seriously and take steps to protect their rights and futures.

It is no secret that pedestrians are one of the groups most at risk on the road. Compared to steel-built vehicles, they are extremely vulnerable to suffering severe or fatal injuries in even a minor accident. The Governors Highway Safety Association (GHSA) established this October as the first National Pedestrian Safety Month. And even though October has come and gone, it is still critical to highlight the importance of pedestrian safety. After all, the focus on safety should continue long after October ends. So, how can pedestrians stay aware – and safe? All road users have a duty to each other to make North Carolina roads safer. And even though it is up to both drivers and pedestrians alike to be defensive and assure safety, pedestrians cannot always rely on drivers to be aware of them. Therefore, pedestrians should take action to keep themselves safe. For example, pedestrians should: Not assume drivers see them: Visibility is a significant issue in many pedestrian accidents. Research into motorcycle accidents indicates that drivers automatically look for other vehicles – not smaller road users such as motorcyclists or pedestrians. Even if they wear bright clothing, like runners and bicyclists often do, drivers often do not see them. Avoid all distractions: It might surprise many people that distracted walking is becoming a large risk on the road as well as distracted driving. Texting, eating or even listening to music can distract pedestrians from their surroundings and oncoming vehicles. Follow the rules: There are traffic laws and crosswalks in place for a reason. They are meant to help pedestrians stay safe. Pedestrians should still watch out for reckless drivers disregarding the rules, but they should also make sure they adhere to the rules themselves. Even with several campaigns in North Carolina and across the country to reduce accidents as well as the number of negligent drivers, the road still involves considerable risks for pedestrians both during October and throughout the year. However, if pedestrians take steps to stay aware and vigilant, they can avoid such risks.

Facing an accusation of theft from an employer is both shocking and overwhelming. It is not something that individuals should take lightly. They must act quickly to protect their rights and best interests. Therefore, it is critical for individuals to understand: what is necessary to prove embezzlement? Prosecutors must prove four elements Embezzlement is one of the most common white-collar criminal charges, but what do these charges entail? According to the U.S. Department of Justice, an act is considered embezzlement if: The individual took or held property legally, due to a fiduciary relationship They obtained such property because of their employment They fraudulently converted or used this property for their own benefit They intended to embezzle money and prevent the other individual from using it It is essential for prosecutors to prove all of these components to convict someone on charges of embezzlement. Why should you be aware of these elements? This is a common question individuals have when facing such charges. However, the answer is quite simple. If the prosecution must prove these elements to convict someone, then it is critical for the defense strategy to identify and disprove the same factors. Intent is one of the most critical variables for individuals to consider. For example, North Carolina law specifically states that someone could be charged with embezzlement only if they: Knowingly took funds for their own uses; or Took money with full intention to embezzle it. The key words in state law are “knowingly and willfully” misappropriating these funds for one’s own devices. If an individual did not intend to misuse funds or even take them, the charges they face cannot involve embezzlement. That is why the emphasis on intent is not only important for the prosecution, but for the defense as well. If individuals can prove a lack of intention, they can potentially reduce or eliminate the serious charges – and penalties – they face.

Distracted driving is a rampant risk on roads across the country. And many people have heard it is especially common for teens to engage in distractions – especially when it comes to using their cellphones while driving. Even though North Carolina has laws specifically prohibiting even the hands-free use of cellphones for drivers under 18, it is often difficult to enforce these laws and prevent teens from driving distracted. So, why do teens drive distracted? Often, teens are aware that texting while driving is dangerous. And yet, they are still more likely to engage in these behaviors. There are a few reasons why distracted driving is so prevalent among teen drivers, including: According to the National Highway Traffic Safety Administration (NHTSA), a teen’s inexperience makes them more likely to engage in distractions, as they do not fully understand the risks of the road yet. Teens’ brains are still developing, which could lead them to make risky decisions even if they know there is danger involved. And several studies have found some people are even addicted to their cellphones, leading teens to reach for their phones even when behind the wheel. Also, many people who text and drive simply believe that they can do it safely. How can parents prevent teens from driving distracted? Teens long for the independence that driving brings them, but parents will always worry about their child’s safety. Hearing about the prevalence of teen distracted driving often only increases that worry. Thankfully, there are ways that parents can help to mitigate distracted driving. Parents should: Make their expectations that children drive safely clear Instill the seriousness and consequences of distracted driving Avoid using their own phone while they drive, to set an example The sooner teens form the habits of safe driving, the more they reduce their chance of being involved in a serious auto accident that could change their lives.

Most people know that a DWI can result in serious, long-lasting consequences. In addition to fines, fees and potential jail time, individuals might even lose their driving privileges for a period of time. Even when they get their license restored, it could come with a catch. There are some cases when individuals might have to install an ignition interlock device. These devices are essentially portable Breathalyzers, testing the driver’s blood alcohol content (BAC) before they can even start their vehicle. Ignition interlock devices are usually required for repeat offenses, but some states now require them after the first offense. Many states require ignition interlock devices after a first offense Over the years, several states passed laws that require individuals to install an ignition interlock device in their vehicle after the first DWI. These laws, often referred to as “all-offender” ignition interlock device laws, aim to: Prevent individuals from driving under the influence; and Reduce the chance of a repeat DWI offense. New Mexico became the first state to establish such a law in 2005. However, as of 2019, 34 states now have similar laws, including our neighboring states of Virginia and Tennessee. Does North Carolina have this requirement? North Carolina lawmakers considered a bill proposing an all-offender ignition interlock device law in 2015, but it did not pass. Even so, there are some situations when North Carolina law requires the installation of an ignition interlock device. These circumstances include: After a first DWI, only if an individual’s BAC is 0.15 or higher After any repeat DWI offenses or offenses leading to license revocation If the DWI charges involve aggravating factors Installing these devices is often a hassle for individuals. It is expensive since you must cover the costs of installation and use of the device, and they can be cumbersome and frustrating for drivers. For example, in some cases, the device might require a breath test while an individual is driving. Even if an ignition interlock device is not a requirement after the first offense in North Carolina, individuals should still ensure they take measures to defend the charges against them and avoid the financial and personal consequences of a DWI.

If a car accident on North Carolina roads leaves an individual with a severe injury, it can change his or her entire life. A broken leg, head injury or back injury can take a long time to heal. All the while, it can prevent individuals from working or participating in their favorite activities. In a recent blog post, we discussed how the effects of a car crash injury can impact one’s mental health as well. The physical and emotional impacts of such injuries can be overwhelming. However, individuals can recover compensation for this long-lasting pain. Collecting compensation for pain and suffering It is common to hear the phrase “pain and suffering” in these cases, but what does it really mean? The term encompasses the distress, pain and trauma that individuals may experience after an injury or accident – at both the physical and mental levels. North Carolina law allows individuals to collect financial damages for the pain and suffering they face after an accident. However, calculating the amount of damages for pain and suffering is not always easy. Injured individuals often can collect economic damages, including: Medical expenses; Lost wages; and Property damage. These three types of damages have a financial value, where non-economic damages like pain and suffering do not. So, how do you determine pain and suffering damages? Calculating the damages for pain and suffering first requires individuals to provide proof of the physical and mental distress they experienced. After all, these damages are subjective to each individual’s situation. To prove pain and suffering, individuals should: Document how the injuries impact their daily life, including one’s relationships; Write down all symptoms they experience, such as symptoms of depression; Obtain testimonies from health professionals who treated and diagnosed them; and Keep a record of all the treatment they receive, including the medications they take. It can be tough to relive these difficult experiences as well as share them with the court, but it is critical that individuals do not leave out any details in their records. All of these details are important to help attorneys and courts determine how the accident impacted an individual’s life, quantify their pain and suffering and ensure they receive the full and fair compensation they deserve.

There is not a true consensus regarding the definition of white-collar crime. It is a relatively broad term that can represent a wide range of fraud committed by business and/or government professionals. In general, these crimes are defined by deceit, concealment or a violation of trust motivated by finances and usually do not involve physical violence or force. Due to this relatively vague definition, it can be difficult to determine what exactly white-collar crime is and who is committing it. However, there are a few types of criminal acts that are commonly classified as white-collar crime. Common white-collar crimes Most white-collar crime involves either corporate or government fraud and has financial motivations. A few examples of this include: Falsification of finances such as false accounting, fraudulent trade or misrepresentation of financial conditions Insider trading Misuse of corporate entities for personal gain Tax violations Embezzlement These are not the only forms of white-collar crime, however. Other types of criminal activities may involve but are not limited to: Money laundering Health care fraud Investment fraud such as Ponzi schemes Forgery In some cases, computer crimes, blackmail and bribery can also be considered white-collar crime and most instances of white-collar crime are considered crimes of opportunity. Many white-collar criminals go undetected for years and are difficult to track. Statistics show these types of crimes are at their lowest in years, though they are still serious offenses. While these illegal acts are generally non-violent, they can still be prosecuted as a severe legal matter. Anyone being investigated for an offense considered to be a white-collar crime will need experienced and skilled representation.

Evidence usually plays the biggest role in a DWI case. And an individual’s blood alcohol content (BAC) is often the most important component of evidence in the prosecution’s case. This is why many people wonder if they can refuse BAC testing. While individuals often can refuse standardized field sobriety tests, refusing chemical BAC tests is different since individuals give their implied consent to participate in these tests under the law. What does implied consent mean? Essentially, implied consent laws indicate that drivers give their consent to take chemical or blood tests if the police arrest them on DWI charges. Individuals give this implicit consent when they apply for a driver’s license and drive on North Carolina roads. There are several implied consent offenses individuals could face under North Carolina law. All of these offenses involve impairment from alcohol or illegal substances, including: Driving while impaired; Underage DWI; or Vehicular manslaughter. Not many people are aware of how implied consent laws affect them, but it is critical for all drivers to understand them. After all, it is a risk factor every time individuals get behind the wheel. Can you refuse a chemical test? Implied consent is the reason why refusing a chemical test is an offense. Technically, individuals do have a choice, but the implied consent to submit to chemical testing under the law also means that the choice to refuse testing can have serious repercussions. Even though there are no criminal penalties that result from refusing a chemical test, there are still consequences, including: License revocation for up to one year, depending on the outcome of the hearing; and The refusal to submit to chemical testing can be used in court as evidence. Even though drivers give their implied consent to participate in testing, they still have rights in these situations. North Carolina law allows individuals to contact an attorney and have a witness present for the chemical testing procedure. This is why individuals facing DWI charges of any kind should consult an experienced defense attorney as soon as possible, so they can understand their options in these cases and protect their rights.

A car accident on North Carolina roads can lead to more than just physical injuries. Physical injuries may require the most immediate attention, and they can have a considerable impact on an individual’s life. However, it is common for individuals to suffer emotional trauma and distress after an accident as well. So, what should individuals know about how a crash could affect their mental health? What should you expect after a car accident? According to the Anxiety and Depression Association of America (ADAA), not many people consider car accidents to be traumatic experiences – but they often are. Individuals might not register the trauma immediately, but it can have a significant effect long after the accident. Everyone copes differently after a life-threatening accident. However, it is common for people to experience symptoms of anxiety and depression. For example, individuals might: Feel low or even guilty about the accident, especially if others were in the vehicle; Have trouble sleeping or relaxing; Experience high levels of stress; Fear driving or even getting near a vehicle again; and Worry excessively about friends or family members when they must drive. This emotional trauma is very real – and it is as real as any physical injury individuals might sustain. Individuals should watch out for these symptoms in their loved ones after a car accident. PTSD is possible in some cases Severe car crashes could also lead individuals to suffer from post-traumatic stress disorder (PTSD). If individuals feared for their lives, or the accident was particularly violent, PTSD is not uncommon. This might lead individuals to: Experience intrusive memories of the accident; Exhibit extreme avoidance behaviors; Feel irritable, in addition to severe mood swings; and Distance themselves from their friends and family. These symptoms might reduce over time. However, if they continue and interfere with one’s daily life, it might be beneficial to consult a mental health expert to ease the pain and suffering after the accident.

According to Georgetown University, roughly 131 million people in the United States take prescription drugs for various reasons, whether long-term for chronic pain, high blood pressure, generalized anxiety disorder or short-term as they recover from a serious injury. Regardless of the reason, that is a significant percentage of the adult population. It is incredibly common to take prescription drugs. However, even with medical authorization to take these medications, there are some cases when taking prescription drugs could put individuals at risk of a DWI. Prescription drug side effects can lead to impairment It is true that prescription drugs can impair individuals. After all, prescriptions usually come with side effect warnings. The Federal Drug Administration (FDA) states that several prescription drugs could directly affect one’s ability to drive, including, but not limited to: Certain antidepressants; Drugs for anxiety; Anti-seizure medications; Some allergy medications; and Opioid pain relief medications. It is important to note that the same prescription drug can often impact individuals differently. Some people might not experience any side effects, while others experience severe ones. Common side effects of these medications that could impact one’s ability to drive often include: Slowed reactions or movements; Dizziness or drowsiness; Difficulty concentrating; and Blurry vision. These side effects are also common signs of alcohol impairment. Even so, the question remains: can impairment from prescription drugs lead to a DWI? Yes, even prescription drugs could lead to a DWI – in some cases Under North Carolina’s DWI laws, individuals could face DWI charges if they drive while impaired by prescription drugs. This is because, under these rules, the police and prosecution look at how a substance affects the driver and their ability to drive. If the police observe signs of impairment, such as a driver drifting in and out of their lane, they could pull them over and test if they are impaired. The police might be able to charge individuals impaired by prescription drugs, but proving it is often more difficult. There are several breath and blood tests designed to detect alcohol, but it is difficult to test the effects of a prescription drug outside of observation. Therefore, even if individuals face charges, it is often a challenge to convict them. Individuals who take prescription drugs should not worry too much about the risk of a DWI. These cases are not too common. However, they should be consciously aware of the potential side effects of their medication when they get behind the wheel.

Nowadays, most new vehicles on North Carolina roads come with driver assistance technologies. The purpose of these technologies is to reduce – or even avoid – auto accidents. This might lead many people to wonder: Is this technology really helping to reduce crashes? Driver assistance technologies are meant to prevent accidents Common driver assistance technologies include, but are not limited to: Forward collision warning Lane departure warning Automatic emergency braking All of these technologies use sensors to detect objects and warn the driver before a collision occurs. For example, forward collision warnings often work in coordination with automatic emergency braking. If the sensors detect a vehicle in front of the car, they alert the driver to the obstacle, and then also begin to slow the vehicle. This may sound beneficial, but several studies have led many to question how well these technologies work to improve safety. Are these technologies effective? There are conflicting reports over how well driver assistance technologies help a driver avoid an accident. For example, two separate studies from the AAA Foundation for Traffic Safety determined that: Drivers often rely too much on assistive technologies, with 25% of drivers stating they feel comfortable relying totally on blind-spot monitoring technologies and forward collision warning systems, instead of checking their own blind spots. Driver assistance technologies meant to detect pedestrians are also still not effective. These technologies often cannot detect children running into the road, with a collision happening 89% of the time in testing. They also could not detect any pedestrian, adult or child, at night. These are two of the most common risk factors in pedestrian accidents, and these technologies are not helping to reduce these risks. The findings from these studies do not mean that driver assistance technologies are not useful. It is important to note that these technologies are still developing. They certainly are helpful, but they are only an added layer of protection. Drivers cannot rely solely on these assistive technologies to avoid an accident and stay safe on the road.

Auto accidents happen so fast. They are overwhelming and scary, and often even more so if the reckless driver at fault speeds away without any regard for the damage he or she caused. And, unfortunately, it seems that hit-and-run accidents are only happening more frequently. Hit-and-runs have increased over the years A 2018 report from the AAA Foundation for Traffic Safety found that hit-and-run accidents have reached an unprecedented high in the last few years. The study found that: There have been nearly 682,000 hit-and-run accidents each year since 2006; Fatalities are increasing in these accidents at a rate of roughly 7.2% each year; and 65% of the fatal hit-and-run accidents involved either pedestrians or bicyclists. These accidents can be frightening, whether or not the individual involved in the accident is a pedestrian or motorist. What should you do after a hit-and-run? The aftermath of a hit-and-run could leave anyone in shock, but individuals must: Call 911: It is critical to call emergency responders as soon as possible after a hit-and-run. That way, North Carolina police will arrive to take statements and file a police report of the accident. This can be critical to locate the reckless driver. Seek medical attention: Calling 911 also ensures that emergency medical technicians will arrive on the scene. Then, injured individuals can obtain the medical attention they need after the accident. Record the details of the accident: It can be difficult for individuals to remember the details of an accident that left them injured. That is understandable, but their loved ones should ensure they document the details of the crash that the individual does remember. It is also helpful to obtain witness statements. Witnesses might be able to recall the model and color of the car or even the license plate. Recording the details is helpful not only to file the police report but also to make the insurance claim. Individuals must remember these steps if they are injured in a hit-and-run accident. However, anyone on the road, whether they are a pedestrian or driver, should ensure they follow traffic laws and be consciously aware of their surroundings to stay safe.