Under the Legal Limit: Charges Below .08 BAC?

Most all of us understand the idea of a DUI. You were stopped, given field sobriety tests, a breathalyzer, and you were over the legal limit; next thing you know, you’re on your way to jail with a newly minted DUI charge and the messy aftermath. However, in most cases, if you register under the legal limit— you’ll walk away unscathed. However, having a BAC even under.08 can be problematic if you become involved in accident.

Under the Legal Limit: Charges Below .08 BAC?

Maybe you go out for a drink with some friends. You have one, drink water, know you’re staying below the legal limit, and then head home. However, on the way home, you find yourself in an accident that’s not your fault. Typically, this wouldn’t be a big deal. However, having alcohol in your system can create a bigger issue than you might realize.

Even with a BAC below the legal limit, the court has the opportunity to try and place blame on you for having consumed alcohol before an accident occurred. Therefore, in the case that you have any BAC whatsoever, the presence of alcohol can put you at fault for an accident that is not necessarily your fault.

How do I fight this?

Ultimately, your first step to combatting these accusations is to find a qualified attorney who will fight for you, and the result you’re looking for. The first step you should take, is to record all details of your accident. Take photos of the scene and accident, record conversations, get information from the other party, police, and retain every possible detail leading up to the accident. From where you are, how long you’ve been there, weather conditions, what you had to drink, receipts, and so forth. While these details might feel small, and insignificant, you never know what will become the difference maker in your case.

The thing to remember for now is that you were not driving illegally. It’s easy to feel as if you’ve made a fatal error, however you’re just caught up in a bad situation. Speak with an attorney, provide details, and let them see what they can do for you. Every case is different, and having the right people on your side can make a big difference.

15-year-old Charged with Felony DWI in Charlotte

Sunday night was grim for one teenager in particular, when he was charged with driving while impaired (DWI) after killing one of his passengers in connection to a horrific car accident. The Police have reported that the defendant was only 15 years old, and traveling inbound on North Tryon at the time of the incident, which was a little before 12:30 a.m.

He was at the crossroads of Tryon and Caprignton Avenue, when his 92′ Honda Civic crossed over the center line, and drove head-on into oncoming traffic. The young boy missed other cars, but in the heat of the moment, he yanked his speeding car across both lanes of the road and slammed into a utility pole; completely ripping the pole into two separate pieces.

The passenger was a male friend, who was taken abruptly to Carolinas Medical Center with serious and life-threatening injuries. The boy was pronounced dead just four hours later. There were two other passengers in the vehicle, who were also transported to Carolinas Medical Center; yet only with minor injuries.

The police have attributed not only speed, but also alcohol to this terrible accident. According to North Carolina law, the boy was charged with a DWI, driving after consuming alcohol under the age of 21, felony death by vehicle, felony serious injury by vehicle, reckless driving and driving without a license.

He is currently in the Juvenile Center’s custody, awaiting a hearing.

For more information of Felony DWIs or any serious DWI, contact that law offices of Robert J. Reeves, P.C. toll-free at 877-374-5999 for more information on your options.

Woman Receives No Remedy as a Result of Strict Contributory Negligence Standard

Most negligence cases in the state of North Carolina are brought before the Superior Court, and a Superior Court judge will decide whether the case should go before the jury.  When the losing party disagrees with the decision, it may be brought before the North Carolina Appellate Court.

The reality in North Carolina is that with regard to negligence, a plaintiff must adhere to the arduous standard of contributory negligence, meaning that if you contribute “in any way” to the negligence involved in a situation, you will be barred from recovery. So, in other words, if a person is 0.01% at fault, as opposed to other states who adhere to a 50 or 51% standard for comparative and modified comparative fault, you will recover nothing.

An example of this ridiculously harsh standard is a 2011 case, where a driver was sitting at a stop sign and “texting” on his cell phone.  While he was distracted by his Android or iPhone, he edged his car directly into the path of a woman traveling through the intersection.  There was no time for the woman to react, and a collision took place.

When speaking with police at the local hospital, an officer inquired as to how fast the woman was going; she replied that she believed it was “about 50 m.p.h.”  This was, however, problematic due to the fact that the speed limit was 45 m.p.h., however the woman was not charged with speeding (so no negligence per se on her part). The officer did, however, wrote this information in his report.

The driver, who was texting, was cited for failing to yield.  Therefore, as a result of the report, the insurance company denied the woman’s claims for property damage, medical bills, lost wages, and pain and suffering.  She was denied ALL of her alleged damages.

This is where it was mandatory that she hire an attorney, and ultimately the jury found the defendant contributory negligent (at the most minimum level), due to the speed limit, and recovery was further barred.  The attorney appealed to no avail, and the injured woman received NO payment for ANY damages.

This may seem hard to believe to the un-knowing North Carolina driver, that a simple statement by a woman that she was going five miles over the speed limit, with no citation filed, allowed a jury enough proof to find that she was also negligent.  Nothing was recovered by the woman, and she will be left to pay for all of the damages on her own.

Just south of the North Carolina border, in South Carolina, the standard is modified comparative fault, where if a plaintiff is found to be less than 51% negligent, she will recover.  Therefore, this woman would have received a percentage of her damages based on fault, which in this case, she would likely receive 95% of her damages.

The key to avoiding this archaic law in North Carolina, of course, is to stay safe on the roads and avoid breaking any traffic laws. However, even if you are an extremely careful driver, you are still subject to accidents, and plowing through the minutiae of detail, a shrewd personal injury defense attorney can easily find something that the plaintiff did wrong.

Therefore, if you or a loved one has been involved in an accident in North Carolina, it is important to have an attorney who is willing to work tirelessly for your claim.  Call Robert J. Reeves, PC at our Charlotte, North Carolina office at 704-499-9000 for a confidential consultation as to the negligence law in North Carolina.