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The United States Health & Human Services reports that one-in-five adolescents between the ages of 12 and 20 have consumed alcohol in the last 30 days. That high rate of underage drinking plus the high rate of binge drinking this age group participates in also places adolescents over the age of 16 at risk for driving under the influence. Adolescents and parents alike must be aware of this risk – as well as the potential penalties they could face if they drink and get behind the wheel. Consequences of an underage DWI can be serious North Carolina is tough on all DWIs. The laws are strict, and the penalties are even stricter. This is especially true if individuals are underage. The state has a zero-tolerance statute for underage drinking, with no exceptions. The legal BAC limit is 0.00% for anyone under the age of 21. Therefore, the penalties for underage drivers getting behind the wheel under the influence are considerable. They could face: Administrative penalties, including a loss of driving privileges and license revocation for 30 days; Criminal penalties including up to 60 days of jail time and a fine up to $1,000 for an underage DWI; and Attendance to a court-ordered alcohol education course. In some cases, underage drivers could face both DWI charges and underage DWI charges. These are two different charges that could only compound the penalties teens face. Additionally, a record of a DWI could also affect a child’s future for years to come, including their schooling and employment opportunities. The charges individuals face often depend on the circumstances and the child’s previous record. This is why it is important for parents to contact an experienced DWI and criminal defense attorney, so they can learn more about how to protect their child’s rights and future.

The arrival of the summer season often brings even more motorcycles to North Carolina roads. Most experienced motorcyclists are aware that they face risks every time they go for a ride. After all, motorcycles do not offer as much protection as other vehicles, such as cars or trucks. That is why it is important for all motorcyclists – as well as all motorists, for that matter – to be aware of some of the most dangerous situations that motorcyclists face on the road. What circumstances increase the risk of a motorcycle accident? There are several circumstances that can cause motorcycle accidents, but some of the most common risks include: Drivers not seeing motorcyclists: The most common issue that motorcyclists face is visibility. A motorcycle’s smaller size means it often disappears in a vehicle’s blind spots. Therefore, the National Safety Council reports that one of the primary causes of an accident is drivers not seeing motorcyclists. Other drivers often engage in distractions behind the wheel, and they are used to looking for larger vehicles – not motorcycles. This oversight can lead drivers to turn left in front of motorcycles or change lanes and collide with them. Road conditions: Poor road conditions, such as potholes, and gravel or grass clippings on blind corners, can make operating a motorcycle significantly more difficult – and dangerous. Gravel and grass reduce traction and lead motorcyclists to lose control of their vehicles. Weather can also affect road conditions, as rain makes the roads slick. Additionally, rainy or foggy weather can also make it even more challenging for other drivers to see motorcyclists. Alcohol: An unfortunately high rate of motorcycle accidents involve alcohol-impaired riders. In 2017, 33% of all motorcycle fatalities were the result of alcohol impairment. While alcohol often plays a part in motorcycle culture, it is critical that motorcyclists put their safety first and avoid drinking and riding. All motorists have a duty to drive defensively and safely. And it is up to both drivers and motorcyclists to be safe, so they can share the road and decrease the risk of a serious accident.

Not all injuries are immediately apparent after a serious car accident. And, unfortunately, these injuries often end up being some of the most life-changing – or life-threatening. The Centers for Disease Control and Prevention (CDC) reports that car accidents are one of the most common causes of traumatic brain injuries (TBIs). These dangerous injuries might not show symptoms right away after the accident, so individuals must be careful to watch for signs of a TBI after a crash. What symptoms should individuals look for? According to the Mayo Clinic, the most common symptoms of a TBI include, but are not limited to: Dizziness and fatigue Nausea and headaches Loss of balance Slurred speech Memory lapses Severe mood swings Loss of consciousness However, the symptoms an individual exhibits depend heavily on how severe the accident and injury are. Not everyone will experience the same symptoms, which can make TBIs even more dangerous than they already are. If individuals notice any of these signs in themselves or a loved one, they should seek medical treatment immediately to get the care they need. TBIs often have long-term effects Recovering after a serious car crash is never easy, no matter the type of injury. TBIs are particularly difficult since the brain controls: Mental capacity Emotions Physical movement Therefore, a TBI could impact one’s whole body – and their whole life. In some cases, a severe TBI could be life-altering, making it difficult to move or speak. In other cases, individuals might need to attend physical and occupational therapy to relearn motor skills. No matter the situation, a TBI is a very serious injury. That is why individuals must be aware of the risks and watch carefully for these symptoms after an accident.

When police pull someone over under suspicion of drunk driving, their first step is often to conduct a field sobriety test. This process frequently includes a breath test. The first device that tested breath for alcohol was developed in 1938. Since then, companies created several types and brands of breath tests, such as the Breathalyzer. Breath tests are a common tool in DUI traffic stops but a common question remains: How accurate are they? How do breath tests work? The legal limit of BAC in North Carolina is 0.08%, like most other states. If a breath test determines someone’s BAC is at or above that level, then police have reasonable cause to arrest them. However, the breath test is only an estimate of BAC. And they have a questionable reputation. This is because various other factors can influence the result of a breath test, including: An individual's physical condition, such as their natural body temperature Other substances they have consumed, even prescription medications Recently smoking a cigarette Additionally, breath tests can occasionally detect alcohol up to 24 hours after individuals consume it. Alcohol can stay in one’s system for a considerable amount of time, depending on several factors, but after 24 hours, most people are no longer impaired. So, are breath tests reliable? Unfortunately, there is no definitive answer to this question. Several studies over the years found that breath test results can vary up to 15% of the actual BAC – and that result is often higher as well. Yet, if breath tests were extremely inaccurate, police all across the country would likely not use them. And, as time goes by and technology improves, breath tests may become more accurate. However, it is important to note that the results of any breath tests are not permitted in court. Courts do not allow them as evidence. Individuals can dispute the results of a breath test long before they go to court. That is why it is critical for individuals to consult an experienced defense attorney to determine how they can protect their rights and what steps they should take next.

It should not surprise anyone that police in North Carolina are reporting fewer car accidents since the governor's stay-at-home order first went into effect on March 30. With highway traffic down as much as 50%, it makes sense that fewer cars, trucks and SUVs on the roads would mean fewer crashes, including on city streets. For example, since the last few days of March, Raleigh police have received about half as many calls about auto accidents as they did over the same time period last year. But it may shock you to learn that while the overall number of collisions is down, the number of fatalities in car accidents is virtually unchanged year-over-year. Through May 8, the state Department of Transportation reports 443 deaths in motor vehicle accidents. That is just one fewer fatality than over the same period in 2019. And the total number of deadly crashes is only down 2%. Why are fatal auto accidents not going down? What's the explanation? It could be several things. Speeding tickets are down, but citations for driving more than 25 mph over the speed limit are up 13%. Fatal accidents involving "heavy trucks" such as tractor-trailers are up 45.5%, with 60% more deaths in truck accidents this year. However, other common causes of deadly wrecks, like drinking and driving and distracted driving, are not occuring more often than usual. Mark Ezzell of the Governor's Highway Traffic Safety Program believes the stress of the pandemic could be causing more serious crashes. Even if more drivers are not distracted by their phones or other devices, they could be thinking about the effects of the lockdown: layoffs, sickened family members, and so on. A mind occupied with such serious matters may not be able to focus on the road as well as it should. Wrongful death litigation can help families find justice There is never a good excuse for causing a deadly car accident. Everyone on the road is trying to get to their destination safely. All it takes is one bad driver to take an innocent life. When the worst occurs, a personal injury attorney can help a grieving family find a form of closure.

Manslaughter, on a basic level, is a murder that was committed without malicious intent. The courts argue that because manslaughter does not require intent, it is more moral. Therefore, the sentencing is lower than murder. Unlike some states, North Carolina has three different types of manslaughter. People often get the three confused, but they are all different. Depending on the circumstances, the level of the felony and the length of the sentence can fluctuate. So, what are the different manslaughter charges? Voluntary Manslaughter: Although manslaughter crimes are committed without malicious intent, Voluntary Manslaughter occurs when intent is inferred because of the circumstances. At times, the accused is forced into a situation where they would become mentally disturbed if they didn’t commit the act. Other times, the person charged acted out of self-defense, thinking it was the only option, but it was not. Voluntary Manslaughter is a “Class D” felony. This carries a minimum sentence of 51 months in prison. Involuntary Manslaughter: Involuntary Manslaughter occurs when someone is killed unintentionally. This can happen because of reckless acts or when a non-felony crime was committed during the killing. Involuntary Manslaughter is a “Class F” felony and served with a minimum of 13 months. Vehicular manslaughter: This occurs when someone is killed due to reckless driving. This could be anything from racing to driving under the influence. Vehicular manslaughter is the only one of the three that can be a misdemeanor or a felony. A misdemeanor charge could result in 150 days in jail with a fine. A felony charge is a “Class F” with the same sentencing as involuntary manslaughter. Manslaughter is a serious crime that results in someone’s death. Although it is considered a lesser crime than murder, someone convicted of manslaughter could spend significant time in prison.

With the goal of making roads as safe as possible, car companies continue to advance their safety features year after year. Although these companies have made incredible strides, driving is still considered one of the most dangerous activities. Whether you are driving an hour to work or ten minutes to the grocery store, car accidents can happen. There are many factors that play a part in a car accident and, unfortunately, some of them are not in your control. Even if you are the most experienced driver, you cannot control reckless drivers around you. Drinking and driving A person who is under the influence is unpredictable and can cause a lot of damage to others on the road. Knowing the signs of a drunk driver, however, could save your life. A drunk driver may: Swerve Drift off the road Nearly hit other vehicles and objects Brake unpredictably Drive erratically The safest thing for you do to is pull over and avoid the vehicle altogether. Once you are safe, call 9-1-1. The sooner you report the vehicle to the police, the safer everyone else will be. Distracted driving Distracted driving has become a big problem, forcing many states to implement a hands-free law. Texting and driving is the biggest form of distracted driving. Even though there are laws against it, many drivers are still reaching for their phones. Distracted driving doesn’t stop there. Many drivers eat, drink and apply makeup when they drive. Distracted driving can lead to slow reaction times and drifting off the road, putting everyone in danger. Drowsy driving Many people have gotten behind the wheel while they were drowsy, thinking that it wasn’t a big deal. “ sleep deprivation can have similar effects on your body as drinking alcohol. Being awake for 18 hours straight makes you drive like you have a blood-alcohol level of .05.” Sleep is one of the most important things our brains need to function properly. Without the appropriate amount of sleep, a driver can fall asleep at the wheel without noticing. If you see a driver that is mimicking the driving of someone under the influence, take your safety into account. Pull over and alert the police. They may be sober, but drowsy driving can also lead to severe accidents. There are many things you can do to avoid a car accident, but reckless drivers are out of your control. Although it may seem uncomfortable to call the police, it’s better to be safe than sorry. By being able to identify the signs of a reckless driver, you could save someone’s life.

Court fines and fees have been a recent conversation topic among North Carolina lawmakers. Several advocacy groups, like the North Carolina Fines and Fees Coalition (NCFFC), seek to raise awareness on the impact court fines and fees have on low-income communities. Last month, they held an event at Bennett College in Greensboro to educate the local community on court fines and fees. The group hopes to change policies on North Carolina court costs by bringing attention to the socioeconomic impact these fees, including cash bail, have on low-income families. Court costs in detail The number and type of fees one might accrue in a civil or criminal case can vary. Common fines charged to defendants in North Carolina include: General court of justice fee: $147.50 Facilities fee: $12 Telecommunications and Data Connectivity fee: $4 Law Enforcement Retirement Fund: $7.50 Appointment of counsel fee: $60+ Installment payments fee: $20+ Community service fee: $250+ Improper equipment fee: $50 Pre-conviction jail fee: $10+ per day Local facility jail fee: $40+ per day Even those falsely accused or found not guilty may indebt themselves to the state for years. A 2017 report from the North Carolina Poverty Research Fund posits that 80-85% of inmates leaving prison still owe court costs. Over the past two decades, court fees in North Carolina have increased by 400%. A push for change The NCFFC argues these figures create a “two-tier justice system” in which low-income individuals not only face the accusation of a crime, but newly accrued debt. The organization also argues that a criminal defense lawyer who understands North Carolina courts could convince a judge to waive many of these court fees. Judges often approve these waivers for poor defendants. Those accused of a crime in North Carolina can secure a proper defense at a reasonable cost with the services of an experienced criminal defense attorney.

The topic of white collar crime can bring up the mental image of middle-aged men in business suits. This stereotype downplays the wide range of people who can be accused of white collar crimes. As you may expect, North Carolina residents of any age, financial status, race and gender can be charged with a white collar crime. White collar crime, as you may know, involves money in business settings. Women can be accused of white collar crimes, but as Forbes explains, their motivations can be quite different from men who are alleged to have committed a white collar crime. Similar to men, the women accused of this type of criminal activity may hold the position of office manager, accountant, bookkeeper or any other job in which they are given a great deal of trust and access to company funds. They may also be involved in the PTA, volunteer at their children’s school or work with an extracurricular organization in which their duties included handling financial transactions or being responsible for the treasury. Women who have served time for embezzlement, forgery or other white collar crimes often say they were motivated to help their family or escape from financial difficulties. Often, they express regret and remorse for violating the trust of their employers or associates. On the other hand, men are often believed to be motivated more by power and control in similar crimes, which you may find surprising. Regardless of the circumstances, you are entitled to a competent defense if you are accused of a crime. This post is not meant to replace the advice of a lawyer.

It is never easy to lose a loved one, no matter what the circumstances. But if you suspect your loved one’s death was the result of negligence, you may be wondering if you have a valid claim. If so, here are a few key things to know as you consider contacting a lawyer familiar with wrongful death claims in the state of North Carolina. Wrongful death claims explained What may be considered a valid wrongful death claim in one state might not apply in another. Therefore, it’s important to find a lawyer who is knowledgeable on wrongful death laws in North Carolina. But how does the state define this type of claim? In North Carolina, a wrongful death claim is based on statute. The statute number is 28A-18-2. According to that section, wrongful death is caused by a “wrongful act, neglect, or default of another” resulting in the death of a person. But who has a relationship close enough to the deceased person to file a claim? Who can file a wrongful death claim? Only a “personal representative or executor” of the person who died can file a wrongful death suit in North Carolina. This is defined as either: The administrator of the estate if the deceased did not have a will The executor if the person died with a will naming someone in that role Usually this person is a surviving parent, spouse or adult child. Establishing a valid wrongful death claim Pursuing  a wrongful death claim may not only result in compensation for pain and suffering for the surviving family. But equally important, it may allow for closure as you grieve while honoring the memory of your loved one.

Drivers in Durham and Raleigh likely understand that every time they take to the area’s roads, they run the risk of being involved in a car accident (indeed, according to the North Carolina Department of Transportation, there were 275,067 crashes reported in the state in 2017). Yet most drivers likely believe themselves to be safe from any potential collisions given that they assume that most other motorists take as much care to avoid accidents altogether. That assumption, however, may not always prove to be true. When one is involved in a collision caused by a driver that has a documented history of poor or reckless driving (or whose lack of experience behind the wheel makes them a greater risk to others), they may question whether it is possible to hold the person who entrusted the driver with a vehicle responsible for their accident. The legal principle of negligent entrustment does indeed allow for this, as it is meant to serve as a reminder to vehicle owners that they should exercise care when loaning out their cars to others. However, simply because a driver caused an accident in a vehicle that did not belong to them does not mean that negligent entrustment applies to their case. Rather, per North Carolina state law, accident victims must prove the following: That the driver had a history of driving incompetence, carelessness or frequent intoxication That the owner knew (or had reason to believe) of the driver’s issues The driver’s reckless actions were the proximate cause of the accident Cases where a driver took a vehicle without the owner’s permission would not qualify for third-party liability under this standard.

While you’re behind the wheel or walking through a parking area, it’s important to be just as alert as you would be on a main road. In fact, according to the National Safety Council (NSC), more than 50,000 crashes take place in parking lots and garages each year. These happen because of most people have common misconceptions about parking-related accidents, such as: There wouldn’t be any injuries Even if you aren’t pumping your gas pedal, low-speed fender benders can still cause injuries. Of the 50,000 annual parking lot accidents estimated, NSC projects that nearly 60,000 injuries and 500 deaths result from these incidents. Walking with caution is just as important, as NSC reports that more than 11,000 pedestrians suffered serious injuries in distracted walking incidents between 2001 and 2011. There’s no traffic in a parking lot! Parking lots aren’t as busy as major highways during rush hour, but they still carry their own kind of traffic. An INRIX study found that not only does searching for parking take a lot of time for U.S. drivers – 17 hours per year – but it also leads to road rage many drivers experience in regular traffic. About two-thirds of the surveyed American drivers said finding parking leaves them stressed. A quarter of drivers said they experience road rage during the hunt for parking. In turn, stress and road rage can lead to distracted driving accidents. I don’t need to pay attention here Slow driving still requires your undivided attention, as your cell phone or in-car technology can cause a crash. In an NSC-guided poll, the majority of drivers admitted to using technology while driving through parking lots – 63% of poll takers said they program their GPS and 52% said they use social media while driving through parking lots. Accidents can happen anywhere Car accidents happen every day, especially in common places like parking lots and garages. You should implement taking distracted driving precautions from the moment you start your car until you reach your destination to prevent parking lot and garage accidents.