Archive for the ‘ dwi ’ Category

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26
Jan

Youth In Raleigh Charged In Connection With Fatal Accident

January 26, 2012

Several young people in Raleigh, North Carolina, are learning the hard way that you don’t have to be the person behind the wheel in a fatal accident to be responsible for a wrongful death. According to WRAL News, three teens and a young adult have been charged with crimes in connection to a fatal single vehicle accident that happened earlier this month.

The accident happened on the morning of January 7th on Rainwater Road in Wake County. The driver, a 16-year-old boy, and several of his friends illegally acquired alcohol for an underage drinking party. After attending the party and drinking for several hours, the driver and the 17-year-old female victim got into his Jeep to head home. Reports from the accident show that the vehicle was traveling at 75 MPH in a 30 MPH zone when the boy lost control of the vehicle and slammed into a tree. The female victim in the passenger seat died at the scene.

In the weeks following the crash, not only has the driver of the Jeep been charged in connection with the girl’s death, but also, so have the 21-year-old man who bought the alcohol for the teens, the host of the party, and the minors who contributed money to have the alcohol purchased.

The North Carolina wrongful death lawyers with HensonFuerst may be able to help you if you have lost a loved one because of the negligence of a drunk driver. Contact an experienced attorney today.

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9
Jan

Making Teen Driving Safety a 2012 Resolution

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Elizabeth Molloy, from WRAL.com

Car wrecks are the leading cause of death among North Carolina teens, and crashes are surprisingly common. In NC, teenage drivers are involved in car wrecks approximately every 24 minutes.

According to research, the most common mistakes that cause teen wrecks are speeding, inattention and distraction, and failure to yield. And while drunk driving is still rare among teens, it accounts for some of the most tragic and memorable motor vehicle fatalities.

One recent example—Wake County’s first in 2012—is the death of 17-year-old Millbrook High School student Elizabeth Molloy. According to an article on WRAL.com, the driver was 16-year-old fellow student Garrett Prince, who lost control of his 1999 Jeep SUV while driving 75 mph in a 30 mph zone, and ended up hitting a tree. Prince could face charges of felony death by motor vehicle, provisional DWI, careless and reckless driving, having an open container of spirituous liquor, speeding, and possession of marijuana. Jared Sink, man in the neighborhood where the wreck took place witnessed the crash and pulled Molloy from the burning wreck, said what probably everyone is thinking:  ”[It's] just absolutely tragic. To all the young people out there, there’s no taxi that’s more expensive than someone’s life.”

Parent/Teen Driving Agreement

Teens know that underage drinking is illegal, but that doesn’t stop some of them from drinking. They also know—in theory—that they shouldn’t get into a car with someone who has been drinking, but many of them disregard that advice. Why? Sometimes because the teen doesn’t have the confidence to stand up to peer pressure…or because they are afraid to call their parents for an alternate ride home…or because they don’t realize that a taxi is a viable option.

Those are some of the reasons why a Parent/Teen Driving Agreement can be an important tool. The University of North Carolina (UNC) Highway Safety Research Center and the North Carolina State Highway Patrol have created sample Parent/Teen Driving Agreements. It’s a formal agreement between parents and teens. It includes specific things that both parents and teens agree to do. Parents have found that driving agreements work well to keep teens safe when they first begin to drive on their own by making expectations clear.

The agreements are valuable once your child is old enough to be out with friends, even if he or she is not actually driving. An agreement should outline parental expectations for safety, such as never riding in a car with an impaired driver, always wearing a seatbelt, obeying the speed limit, and avoiding distractions, including texting, talking on a cell phone, eating, or applying make up. That’s the teen side of the agreement. The parent side of the agreement should given the child options for how to get out of a potentially hazardous situation, and outline how parents will support their child’s efforts to stay safe.

For example, agreeing that if a child ever feels unsafe, he or she can call home at any hour and request a ride home…without risk of punishment. (As much as parents might want to lash out at a child who has been drinking or at an unauthorized party, the goal is to get the child home safely. A strongly negative reaction from a parent might cause the child to avoid calling in the future, and possibly getting into a dangerous or fatal situation. That’s not to say that discipline can’t be taken for any rule-breaking, but the ride home should be calm and concerned—any discussions or repercussions should wait for the next day.)

We’ve done some of the research for you and attached links to three separate Parent/Teen Driving Agreements. Look at all of them, take what you like from each, and create your own custom agreement. We like the first one, from the UNC Highway Safety Research Center because it allows teens and parents to write their own agreement items in their own words—that means teens aren’t just skimming over the task without thinking. And any additional minute of thinking about driving safety is another opportunity to keep our children safe.

Sample Agreement 1:  University of North Carolina (UNC) Highway Safety Research Center

Sample Agreement 2: North Carolina State Highway Patrol

Sample Agreement 3: North Carolina Division of Motor Vehicles

PROJECT IGNITION

Project Ignition, funded in part by the National Youth Leadership Council, helps students, teachers, and communities address teen driver safety. Students themselves design and lead awareness campaigns–every year, 25 grants are awarded to high schools across the country. The teams often find their inspiration from personal tragedy, but their powerful messages reach across county and state lines. Some examples of the kind of service-learning encouraged by Project Ignition are holding a mock crash on campus, and learning and applying the physics of crashes from a science class, including the potential effects of velocity and crashes on the human body.

This year, we’d like to congratulate the two North Carolina high schools that won grants:

  • Pine Lake Preparatory in Mooresville, North Carolina. Title: “Increasing Your Survival Odds.” The Pine Lake Prep Project Ignition team will lead an in-depth 15-30 week integrating the NC Driver’s Ed curriculum to promote safe driving and better driver “road awareness” utilizing a five-prong approach: (1) mock accident scene, (2) speaker series, (3) student-based research projects, (4) obstacle course on site, and (5) service learning.
  • Lincoln Charter High School in Denver, North Carolina. Title:  ”As the Wheel Turns.” The Project Ignition team of Lincoln Charter believe that teen driving accidents are a rampant and tragic problem in their area. Their emphasis is to reduce the number of student drivers who exercise unsafe driving habits such as eating, allowing excess passengers, or driving while emotionally inept.

About HensonFuerst

At HensonFuerst, we’ve seen the devastating effects of car wrecks and DWI injuries far too often. It’s never pretty, but there is something particularly tragic when the injured individual is a young person who has barely had a chance to live. Our hearts go out the the family of Elizabeth Molloy, and all families touched by the catastrophe of a DWI wreck. We wish you peace.

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5
Dec

Holiday “Booze It & Lose It” Campaign Has Begun

State and local law enforcement officers will be working to keep motorists safe this celebratory season with the Holiday “Booze It & Lose It” campaign. Checkpoints and stepped-up patrols will be conducted across North Carolina, now through Monday, Jan. 2. This is part of the ongoing effort by the Governor’s Highway Safety Program (GHSP) to remove impaired drivers from the roads.

“Please plan ahead and designate a sober driver this season so everyone can make it home safe over the holidays,” State Transportation Secretary Gene Conti said.

In 2010, there were 1,017 alcohol-related crashes in North Carolina during the holiday campaign, which ran from Dec. 3 through Jan. 2, resulting in 31 fatalities and 728 injuries. That’s one death each day of the campaign…a steep price for a little too much holiday cheer.

In addition, officers charged more than 3,800 North Carolina motorists with driving while impaired during the 2010 Holiday “Booze It & Lose It” campaign.

Wishing all of you a safe and happy (and let me repeat: SAFE) holiday season!

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2
Dec

NC Drivers Still Breaking Simple Laws

On December 1, 35 new laws took effect in North Carolina. Of course, the NC State Highway Patrol is still trying to enforce laws already on the books, especially the “No Texting While Driving” law. According to an article on WRAL.com:

Sgt. Jeff Gordon said distracted driving is still a huge issue across the state. ”I see a lot of people driving with their elbows on the steering wheel, texting with one hand,” Gordon said.

Texting while driving—or any kind of DWD (Driving While Distracted)—has been shown to be as hazardous as driving drunk. But it doesn’t stop texters. And have you ever seen anyone try to make a three-point turn while holding a cell phone in one hand? I have…in fact, I had to wait in the middle of a road while a young man tried this circus-like maneuver in front of me. I would have applauded, but when he finally got his car pointed in the proper direction, he ended up in the wrong lane.

Another law that has been in effect for the past year and is virtually ignored is the law that prohibits large frames around license plates. (To see our video detailing the rules of this law, click here:  http://www.youtube.com/watch?v=UII9dVI5_tc)

In short, anything blocking the license plate information—not just the large numbers and letters in the center—is illegal.

NEW LAWS

One of the news laws of 2011 is “Laura’s Law,” which helps take repeat drunk driving offenders off the road. The law was named for Laura Fortenberry, a 17-year-old young woman who was killed by a drunk driver who had multiple previous driving-while-impaired offenses. With this law, convicted drunk drivers with certain aggravating factors will face larger fines and more time behind bars.

The “Run and You’re Done” law attempts to prevent high-speed chases by allowing the sheriff to seize the chased car if the suspect is charged with a felony. If the suspect is convicted of the felony, the car will be sold and proceeds will go to local school districts.

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26
Oct

Halloween Booze It & Lose It 2011

“Booze It & Lose It” is a safety campaign run by the Governor’s Highway Safety Program (GHSP). It becomes active during high-alcohol holiday seasons. Halloween fits that description.

Starting Friday, October 28 through Monday, October 31, North Carolina will have checkpoints and stepped-up patrols in an effort to remove impaired drivers from the roads. How much of a force will be rallied? Well, in 2010, the 3-day Halloween Booze It & Lose It campaign, the 2388 checkpoints and patrols racked up more than 19,000 traffic and criminal violations. This included 774 DWIs, 405 drug violations, and 5547 speeding/reckless driving tickets.

The on-going goal of Booze It & Lose It is to make sure that drunk drivers (those who “booze it”) lose their driving privileges. In North Carolina, the first conviction for driving while impaired (DWI) requires mandatory revocation of your driver’s license for one year, and you will also pay a fine and spend up to 2 years in jail. If you get a second conviction within three years of the first, you lose your license for four years and you will also face jail time. With a third conviction (when at least one of the prior convictions was within the last 5 years), your drivers license is permanently revoked.

To read more about the facts of DWI in North Carolina and the Booze It & Lose It campaign, click here:  Save a life…Drive sober.

This Halloween weekend, party responsibly…and please don’t drink and drive. If you get stopped for DWI, it won’t matter how good your costume is, there will be no treats waiting for you in jail.

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19
Oct

Friends Still Let Friends Drive Drunk

An article in The New York Times starts with a reference to North Carolina:

On Sept. 15, Matthew Grape, 21, got into the passenger seat of a car with one of his Duke University fraternity brothers after both had been drinking. The driver hit a tree, escaping with minor injuries, but killing his dear friend.

The article goes on to explain that Matthew Grape’s death was one of nearly 11,000 alcohol-related driving deaths that happen each year in the United States. We’ve had a 30-year push against drunk driving, with the rise of organizations such as Mothers Against Drunk Driving (MADD) and advertising slogans, such as “Friends Don’t Let Friends Drive Drunk.” And yet, people still drive drunk. And friends still let their friends drive drunk…and sometimes even get into the car with them.

According to new research released by the Centers for Disease Control and Prevention (CDC), more than 1.4 million people are arrested each year for impaired driving. That’s a tiny fraction of the actual number of people who drive drunk. And every day, about 30 people in the United States die in a motor vehicle crash that involves an alcohol-impaired driver.

So it seems that friends actually do let friends drive drunk. Worse:  Drunk drivers take their children with them. Of the 181 child passengers ages 14 and younger who died in alcohol-impaired driving crashes in 2009, about half were riding in the vehicle with the with the alcohol-impaired driver.

The article in The New York Times continues:

So how could Matthew Grape and his friend climb into a car after drinking on that Thursday evening in North Carolina? Surely they had heard countless admonitions against drunken driving in health classes in high school and from their parents and friends.

Adolescent feelings of invulnerability no doubt played a role. But other, more subtle reasons probably contributed as well.

Binge drinking at colleges remains a huge problem. Despite public health campaigns to eliminate drinking on campuses, the alcohol industry continues to sponsor events, and provocative advertisements persist. Men ages 21 to 34 and binge drinkers of all ages are those most likely to drive while drunk.

Every motor vehicle death is a tragedy. But deaths due to something as preventable as impaired driving seem doubly tragic. They also are maddening. What does it take to get the message across to everyone—young or old—that driving drunk is dangerous…and stupid. Yes, I said it. Stupid:  Lacking in intelligence or common sense. Maybe we could add a new slogan to the impaired driving campaign:  Friends don’t let friends drive stupid.

RESOURCES

At HensonFuerst, we work to protect the victims of drunk drivers. If you have been injured in a motor vehicle wreck and want to explore your legal options, we’re available. Someone is here to take your call everyday, 24/7, at 1-800-4-LAWMED. And we have tons of information on our website at http://www.lawmed.com. If you have questions, HensonFuerst has answers.

To read the full article in The New York Times, click here:  Friends Still Let Friends

To read the information about impaired driving from the CDC, click here:  Impaired Driving—Get the Facts

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10
Oct

File Under: Really, Sherlock?

Here at HensonFuerst, we are big fans of scientific research. Scientists are some of the unsung heroes of society. So it is with all due respect that we find ourselves having to say:  Was this research really necessary?

Decades of research have shown that drivers who drink alcohol have an increased risk of being involved in a car wreck. By now, it seems intuitive to say that any alcoholic or drug-induced impairment affects judgment and driving ability. Which is why we’re not sure why this research research was necessary. It seems like more money being spent to state the obvious

According to an article in ScienceDaily, researchers at Columbia University examined the link between marijuana use by drivers and risk of a car wreck. Results showed that drivers who test positive for marijuana or report driving within three hours of marijuana use are more than twice as likely as other drivers to be involved in motor vehicle crashes. They also found that the more marijuana smoked, and the more frequently it is smoked, the higher the risk.

This is important because the 2009 National Survey on Drug Use and Health reported that over 10 million people age 12 or older are estimated to have driven under the influence of illicit drugs in the prior year.

The analysis indicates that 28% of fatally injured drivers and more than 11% of the general driver population tested positive for non-alcohol drugs, with marijuana being the most commonly detected substance.

We believe that it is important to crack down on all forms of impaired driving, regardless of whether the impairment is due to marijuana, prescription drugs, alcohol, texting, or even talking on a cell phone. Impairment is impairment. It seems that a better use of research funds would be to find more ways to get people to understand that message, and to prevent impaired driving in the first place.

To read the full article on ScienceDaily, click here:  Marijuana Use May Double the Risk of Accidents for Drivers

To learn more about what you can do in the event of a car wreck injury, visit our website at http://www.lawmed.com/. If you have questions, HensonFuerst has answers.

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29
Sep

Kernersville Man Sentenced In DUI Accident That Killed Motorcyclist

September 29, 2011

An intoxicated driver who was responsible for causing an accident that killed a man in Forsyth County last winter was sentenced Wednesday after pleading guilty to a felony charge for death by motor vehicle and a misdemeanor charge for driving while impaired. According to the Winston-Salem Journal, the drunken driver was given 20 to 33 months in state prison.

The accident happened on December 2, 2010 just after 9:00 p.m. on Baux Mountain Road. The 26-year-old Kernersville man was driving his Jeep along the road when he came to the red light at the intersection with NC 66. Rather than wait, he decided to cut through a gas station parking lot to avoid the light. He whipped the Jeep right onto 66 and cut an immediate left through the intersection back onto Baux Mountain Road. That’s when the accident happened. The 55-year-old victim was approaching on his motorcycle and did not have time to stop before colliding with the Jeep that had just cut him off. The driver of the Jeep had a blood alcohol level of .12, four points over the legal limit.

The ironic part of the story is that the victim had dedicated his life to helping others overcome drinking problems, as he had in his younger days. He was an active member of Alcoholics Anonymous and was helping an Iraq war veteran recover at the time of the crash.

The North Carolina Motorcycle Accident Attorneys with HensonFuerst would like to remind drivers to always look twice for a motorcycle.

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19
Aug

Labor Day “Booze It and Lose It” Campaign Begins

Ahh… you know summer is almost over when the Labor Day festivities begin. And today, the “festivity” in question is the annual Booze It & Lose It campaign by the Governor’s Highway Safety Program (GHSP).

From today, Friday, August 19 through Monday, September 5, the state will see checkpoints and stepped-up patrols in an effort to remove impaired drivers from the roads. How much of a force will be rallied? Well, in 2010, the Labor Day Booze It & Lose It campaign conducted more than 11,000 patrols and checkpoints.

“As summer comes to an end, law enforcement officers across the state will be removing impaired drivers from our roads,” North Carolina’s Transportation Secretary Gene Conti said. “Celebrating responsibly is simple; plan ahead and always designate a sober driver.”

According to the GHSP, in 2010, there were 500 alcohol-related crashes in North Carolina during the Labor Day campaign, resulting in 20 fatalities and 395 injuries. In addition, officers charged more than 3,200 North Carolina motorists with driving while impaired.

Enjoy summer, but please don’t drink and drive… you risk the loss of your license, at the very least.

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7
Jul

Three Killed in Tractor Trailer Accident on I-40

July 7, 2011

An accident involving a tractor-trailer and numerous passenger vehicles on Interstate 40 left three people dead and the driver of the tractor-trailer behind bars. According to WRAL News, the Thursday afternoon crash happened at the Durham-Orange County line, on a stretch of the interstate where its three lanes are dropped to two.

Authorities are still investigating the cause of the accident, but currently believe the driver reacted too late to the closure of the left lane, and did not have enough road or time to stop his semi before plowing through three other vehicles. The truck initially hit a man driving a Ford F-250, embedding the smaller truck in the semi’s grill. It then proceeded to hit a woman in a Chevrolet Equinox before crashing into a third vehicle, which burst into flames and was too badly burned to identify. All three passenger vehicle drivers died at the scene of the crash.

The truck driver escaped the accident unscathed, as far as injuries, but authorities have brought numerous charges against him following the crash. He is currently being held in county jail under a $500,000 bond, and is facing charges for two counts of felony death by vehicle and one count of misdemeanor death by vehicle, in addition to charges for possession of marijuana, Methadone, and drug paraphernalia.

North Carolina Truck Accident Lawyers with HensonFuerst know that time is valuable in the aftermath of a truck accident, and that prompt investigations can make all the difference in these cases. Visit their website for essential steps and procedures to take following involvement in a truck accident.

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