Car Accidents Archives - Charlotte NC DWI Lawyer

June 25, 2018

25 Jun 2018

Buzzed Driving vs. Drunk Driving: Is there a difference?

When it comes to drinking, you typically hear people refer to their state in one of two basic ways: buzzed, or drunk. You might think these are synonymous, but to an avid drinker— one is merely a step along the way to another. However, when it comes to a DUI, doesn’t any type of impaired driving result in trouble? In short, yes and no. It all comes down to that BAC, which is at least mildly indicative of what term the driver uses. So, buzzed driving vs drunk driving can lead to many of the same problems…

Buzzed Driving vs Drunk Driving: Is there a difference?

A slang term

In the Carolinas, drunk driving is driving with a BAC of .08 or higher. Therefore, if you say you were just ‘buzzed’ and not ‘drunk’, you might be trying to infer that you fell below that .08 mark. However, buzzed is just a slang term and it ultimately will hold no weight when it comes you arresting officer.

The problem with feeling that ‘buzz’ is that many times, the person is just trying to say they’re feeling the effects, but they’re still coherent. However, the problem with this, is that the feeling can come at a different point for everyone. For instance, someone who drinks every night of the week might not feel that buzz until they’re past the legal limit. Or, others may feel it after one drink.

In the end it’s up to you to understand how alcohol is affecting your body

Terms aside, if you blow above the legal limit, you will face DUI. So, it is up to you to determine your limits. You plan on driving? Drink, or don’t, accordingly. At the end of the day, driving under the influence can lead to a number of problems. Whether it one of the other, buzzed driving vs drunk driving, it comes down to numbers. In addition, if you’re one of those who feel the effects of one drink, you might still fail field sobriety tests. If you act thoroughly intoxicated, even below the legal limit, you may potentially still be taken in, and booked. So, drive safe, drink smart, and know your limits.

in Car Accidents, Drinking, DUI & DWI /by Robert Reeves/#permalink

January 20, 2014

20 Jan 2014

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. DWI Attorney

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.

in Car Accidents, Criminal Defense, DUI & DWI /by Robert Reeves/#permalink

January 9, 2014

09 Jan 2014

North Carolina Man Pronounced Dead on Scene After Collision

A North Carolina man, who collided with a pickup truck on Carolina Beach Road, was pronounced dead at the scene. A Lieutenant for the Wilmington, North Carolina Police Department said a white Harley Davidson was Criminal Defense Attorney heading southbound on Carolina Beach Road when the driver of the pickup truck was pulling out of a parking lot.

He was then broadsided by the motorcycle.

The rider of the motorcycle is reported to have died on impact, and Carolina Beach Road was closed off at Independence Boulevard and Raleigh Street and the area was shut-off just like a crime scene. Sometimes you can recover for and injury or wrongful death or personal injury and sometimes suit is not an option.

North Carolina abides by the contributory negligence model for personal injury. This is the least favorable threshold for injury victims. This means that if you are negligent in any way – even 1 percent at fault, you cannot collect one dollar in damages. It is important to have a skilled attorney to prove that the plaintiff was not, in any way, at fault.

If you or a loved one has been injured in a car accident, there is a chance that you may be able to recover for your injuries. For a free consultation, call the law offices of Robert J. Reeves, P.C. at our Charlotte, North Carolina office at 704-499-9000. We will be pleased to consult with you.

in Car Accidents, Personal Injury, Wrongful Death /by Robert Reeves/#permalink

January 8, 2014

08 Jan 2014

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 joe-black and white car crash 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.

in Car Accidents /by Robert Reeves/#permalink

January 2, 2014

02 Jan 2014

Traffic Stop Procedure: What a driver should know

You are driving down the road when suddenly those dreaded blue flashing lights appear in your rear view mirror. You may be thinking “Wait, what have I done wrong?” Once you have a chance you pull over and the officer approaches your window. Likely you are so nervous you are not sure what to say and do not know how to react to this police officer who is now speaking to you.

Criminal Defense Attorney

It is likely the officer is going to ask you for driver’s license and registration first off. This is rather standard and the best thing to do is hand it to him. Once he has your information he may start to ask you questions such as if you know why you have been pulled over or what are you doing today. If you are the driver within that instant you are trying to think of the best response. So here is the thing….It depends.

If you know why you have been pulled over such as you know you were speeding or you know the regis

tration on your car has been expired for months my advice would be to be honest. Don’t get me wrong, don’t c

Why you ask? Good Question. There are multiple reasons. Think about it from a police officer’s point of view , the more honest you are the more likely his is willing to reduce the citation he is going to write or perhaps not even write one at all. onfess every single detail, but honesty is going to take you a long way. On the other hand if you really do not know or are not sure say that. Do not admit to anything you are not sure of but it is best not to bluntly lie either if you know what you did that caused the stop.

If you end up going to court because a citation was written, judges are more lenient with people who are honest and respectful. On that note it is always better to be respectful to the officer who pulled you over despite how you may feel at the time because many times when deciding how to rule a judge will ask the officer how the driver acted when he/she was pulled over.

The phrase we have all heard “you can attract more bees with honey than vinegar” applies in this instance. I say do not say too much when you are pulled over because if you do not know why you have been pulled over than don’t start rambling off things you might have been pulled over for. Just say you don’t know.

Our attorneys at Robert J. Reeves, P.C. have experience handling DWI cases in NC and will work tirelessly to defend your case. Contact one of our attorneys directly by calling 704-499-9000 or toll free 877-374-5999 for more information or visit our homepage at www.rjrlaw.com

in Car Accidents, Felony Drug Possession, Felony DUI /by Robert Reeves/#permalink

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