After a six-hour wait in a Winnipeg emergency room, Bonnie Guagliardo returned home without seeing a doctor. She was found dead the next morning.
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A North Carolina man is facing felony drunk driving charges after law enforcement says that the man fell asleep in his car in Belmont, North Carolina. Authorities claim that the Gastonia man was driving in Belmont around 2:00 in the morning Sunday and ran into the ditch. Law enforcement believes that the driver passed out in his car with the engine still in gear.
It is not clear from a news account in the Gaston Gazette how long the car allegedly remained in the ditch while the man slept. A Belmont Police officer claims that the driver smelled of alcohol when he was found sleeping behind the wheel. Authorities arrested the driver and claim that he blew a 0.15 percent alcohol level in a breath test at the Gaston County Jail.
The man faces several charges including habitual DWI, DWI and driving with a revoked license. He was jailed under a ,000 secured bond.
Generally, people charged with DWI in North Carolina can face harsh consequences for any level of offense. Our laws include a complex array of grossly aggravating, aggravating and mitigating factors that may be argued. A person’s prior record may come into play at any level. But, when a person is charged with habitual DWI, the law requires a mandatory minimum 12-month sentence be imposed upon any conviction. That mandatory minimum means that a suspended sentence with probation is not on the table, if a person is convicted.
We have recently discussed habitual DWI issues as lawmakers are considering changes to the habitual offender law. At the current time, a person may face a habitual DWI charge if the person has three prior DWI convictions within the past 10 years, but the threshold may be lowered to two priors by lawmakers, as we have discussed.
Source: Gaston Gazette, “Man charged with habitual DWI,” Diane Turbyfill, May 5, 2013
Last week, we discussed a traffic stop that resulted in more serious charges against a driver, based upon law enforcement’s allegations that arose during the investigatory stop. Law enforcement in Wilmington, North Carolina accuse a man of a slate of offenses based upon allegations arising before, during and after a traffic stop related to an alleged hit-and-run car accident.
Police in Wilmington, North Carolina arrested a man roughly one block away from the accident Friday. Authorities say that a witness reported that a moving vehicle had struck a parked car in Wilmington shortly before 10:15 Friday night.
Police say that the witness reported that the driver had fled the scene of the accident, and was driving without any headlights–even before the alleged wreck. An officer responding to the accident tip reportedly pulled over a 26-year-old Wilmington man roughly a block away from where the witness had reported the accident.
Law enforcement claims that the driver appeared to be impaired and refused to get out of his car when police commanded that he do so. Authorities say that the driver eventually got out of the car, but remained combative. Police say that the officer subdued the man and placed him in handcuffs, according to WWAY News Channel 3.
Law enforcement claims that the driver was put in a squad car, where authorities claim that he began kicking the back window of the cruiser. The man was transported to a hospital for medical clearance and subjected to a blood test. He was later booked into jail on suspicion of hit and run, driving while impaired, and a charge of hinder and delay.
Source: WWAY News Channel 3, “Police: Man arrested for DWI tried to kick out cruiser window,” April 15, 2013
A spokesperson for the North Carolina Division of Alcohol Law Enforcement says that after the party is over, an alleged underage drinker may not be free from being charged later for an alleged alcohol offense. The ALE special agent made the statement as officials announced charges brought after an alleged Johnston County, North Carolina party last month. A 21-year-old was charged for allegedly buying 60 beers that were given to underage drinkers.
ALE officials say that an 18-year-old high school student was killed in a crash involving a driver who had allegedly attended the party. Police charged the 17-year-old accused of driving a truck that rolled over February 16 with felony death by vehicle, DWI and underage DUI after the wreck.
Thursday, ALE officials announced charges against the 21-year-old and a 16-year-old who is accused of hosting the underage drinking party. Police opened a probe into the party after the car accident, searching for names of other alleged attendees at the party.
Based upon that investigation, ALE agents say that about a dozen people will be facing underage alcohol charges. Some of the teens are also accused of possessing marijuana at the party. The special agent said in announcing the charges that, “Kids should know that even though the police don’t show up at the party they can still be charged.”
Underage drinking charges in North Carolina can bring long-lasting consequences for a person convicted of the charges. For anyone over the age of 16, charges are filed in adult court. Signing a ticket and paying a fine to get it over with, or otherwise simply pleading guilty to a charge, creates a criminal record. For high school kids, that means background checks for future jobs, college, joining the military, or other life events may turn up a criminal record.
Source: The Smithfield Herald, “12 people face alcohol-related charges after wreck that killed a Johnston County teen,” Thomasi McDonald, March 6, 2013
If you sustain injuries in a car accident in Davie or another community, you may assume that car insurance will cover the costs of your injuries. After all, that is what you pay premiums for. Unfortunately, many people who sustain serious injuries – such as head injuries – in Davie and South Florida after being in a car accident find that they have issues after being in a traffic accident. You may face some of these same issues when you try to file a claim:
1) The insurance company may dispute your claim. The insurance company may accuse you of insurance fraud or may dispute some medical charges or other claims that you have made – even if they are valid.
2) The insurance company may not consider longer-term costs or all costs. In many cases, insurance companies look at immediate medical costs and related costs. However, if you have sustained a serious injury you may face months or even years of recovery time. You may need home care, accessibility features for your home and car, rehabilitation, medication, and other assistance on the road to recovery – and insurance companies often do not take these total long-term costs into account.
3) The insurance company will want to settle claims quickly and inexpensively. In many cases, an insurance carrier will want to settle a claim quickly – before the full extent of your injuries and possible long-term expenses are even known. This can make it harder for you to get the fair compensation you may need to recover fully and to get the medical care you need.
4) Thanks to new legislation, if you are visiting Florida at the time of your accident, your insurance carrier may not honor your claims. Since January 1, a new law has required all international drivers in Florida to have an international driver’s permit (IDP). The idea behind the law was to make sure that all drivers in Florida had a driver’s license translated into English. However, many visitors to Florida are not aware of the law and when they find themselves in a traffic collision in Davie or another South Florida city they find they have a hard time getting an insurance claim honored because they did not realize they needed an IDP.
5) Some required expenses may be considered “extras” by your insurance company. For example, burn patients in Davie and other communities often need skin grafts or other skin treatments to recover from their injuries. However, some insurance companies may deem such procedures “cosmetic” and not pay.
A woman reportedly lost control of her car in Wilmington, North Carolina Tuesday. The accident was reported around 3:15 in the afternoon. While car accidents may occur on a frequent basis anywhere in North Carolina.
But in the Wilmington crash, law enforcement claims that the 48-year-old woman had taken some unidentified prescription medication. Police further accuse the woman of being impaired by illegal drugs, although authorities are not identifying what substances they believe the woman had taken.
North Carolina’s DWI laws apply to prescription medications and other substances. Many people who require prescription medications may be surprised to find that law enforcement suspects impairment when a driver has followed a doctor’s instructions.
In the Wilmington investigation, the details surrounding law enforcement’s suspicions are not clear from the media. Authorities claim that the woman was traveling north on River Road when her car drifted toward the shoulder. Police claim that the woman overcorrected and crossed through the lanes, eventually running off the left side of the road.
Witnesses rushed to the aid of the accident victim. One passing motorist provided the woman with a blanket at the accident scene. Authorities say that when the woman’s car drove off the road, and the car rolled over. The woman was ejected from the vehicle and she suffered injuries.
She was taken to New Hanover Regional Medical Center with non-life-threatening injuries. Law enforcement now accuses her of several charges, including DWI, failing to maintain a lane and failing to use a seatbelt.
Source: Star News, “Driver charged with DWI after rollover on River Road,” Brian Freskos, Jan. 22, 2013
Two North Carolina men are facing charges for allegedly driving while impaired after an accident between an all terrain vehicle and a Ford sedan left one person dead early Tuesday morning. The North Carolina Highway Patrol says that the accident occurred shortly after 12:30 a.m. on New Year’s Day.
Authorities believe that a 39-year-old Fairmont, North Carolina man was driving an ATV on a road about two miles northwest of Lumberton, North Carolina. Troopers claim that the taillights on the ATV were not working. Law enforcement says that a 25-year-old Fairmont resident was riding as a passenger on the ATV.
Police believe that the ATV was traveling about 35 miles per hour when a 52-year-old Lumberton resident approached the ATV from behind traveling about 60 miles per hour. The Ford reportedly slammed into the ATV, pushing the recreational vehicle across lanes before the ATV rolled into the ditch. Both the driver and passenger of the recreational vehicle were thrown from the ATV.
The ATV passenger was killed in the Robeson County, North Carolina accident. The driver suffered injuries and was taken to an area hospital for treatment. Law enforcement says that the driver of the Ford was also transported to the hospital, although it is unclear whether the driver of the car suffered any injuries.
Law enforcement says that the driver of the car tested 0.07 percent blood alcohol concentration after the wreck. A police report released to the media did not indicate whether authorities have a blood alcohol measurement from the ATV driver, according to the Robesonian.
North Carolina state troopers believe that both drivers were impaired at the time of the fatal crash. Both men are accused of DWI, but authorities say that additional charges remain pending.
Generally, most North Carolina drivers may be aware that the legal limit to drive in the state is set a 0.08 percent BAC. However, North Carolina law allows two different avenues for bringing DWI charges against drivers. The 0.08 percent BAC threshold (or 0.04 percent for people who hold a commercial driver’s license) is the level where the law presumes impairment, often referred to as the per se DWI level. The law allows law enforcement to suspect impairment at readings below the per se level, based upon other observations and evidence of alleged impairment.
Sources:
A young man is facing drunk driving charges after allegedly being in a car accident on Highway 13 near the Beaufort-Pitt County line over the weekend. Police believe the teen was heading east on Highway 33 when he lost control of his car. Authorities say that the car hit a road sign, careened into a ditch and slammed into a light pole, knocking it down.
The North Carolina Highway Patrol says that the teen called his family after the wreck. But troopers say the teen fled the area on foot. Troopers apparently responded to the scene of the accident and apparently waited for the teen’s family to arrive. Authorities say that the troopers commanded the family members to go find the teen.
The Highway Patrol says that the teen’s family brought him to the scene of the accident. At that point, the 17-year-old was arrested on suspicion of drunk driving, leaving the scene of an accident and failing to maintain lane control.
It is not clear in the media what level of drunk driving charges the young man faces after the alleged incident. Most people know that the legal limit to drive in North Carolina is set at 0.08 percent blood alcohol concentration. That is what is known as the per se level of impairment, where the law-unfortunately-assumes impairment for all drivers. However, law enforcement and prosecutors can also bring charges based upon the observations of officers in a normal DWI case, if the officers believe that the driver was impaired while driving.
But for underage drivers–those who are under the age of 21–North Carolina law allows authorities to pursue underage DUI charges based upon any evidence of consumption. A teen or 20-year-old driver can face underage drinking and driving charges when well below the general legal limit of 0.08 percent BAC.
Source: WITN, “Teen Flees Scene Of Wreck, Charged With DWI,” Dec. 17, 2012
In Hialeah and across Florida, patients who have been in a serious car accident turn to hospitals, clinics, and healthcare professionals to get help. Healthcare practitioners are supposed to be partners in health care and are supposed to be able to provide a high standard of care that helps patients stay healthier. After a Hialeah traffic accident, the last thing you want to worry about is a medical mistake or complication that can make your injuries even more severe. Unfortunately, for many Hialeah car accident patients, medical mistakes cause expensive and painful complications. To help prevent this, there are several things you can do:
1) Take a friend or family member with you to the hospital or emergency room if you can. If possible, consider having a friend or family member meet you at the emergency room to act as an advocate. This person can fill out the medical paperwork, can discuss your condition with physicians, and can generally stand by to ensure that doctors are informed about any pre-existing conditions or situations. In many cases, after a Hialeah pedestrian accident or traffic accident, you may be confused or even unconscious part of the time. Having someone there ensures that the right decisions are made about your care and ensures that doctors understand your medical conditions so that they can make the best decisions about your treatment.
2) Follow-up about your condition with your regular doctor. If you are rushed to an emergency room after a Hialeah car accident, make a follow-up appointment with your regular physician to discuss your situation. Your physician will want to be apprised of what has happened in your own words and your injury may need follow-up care. You will want to discuss this follow-up care with your physician, as he or she likely knows your medical history better than emergency room doctors. Meeting with your doctor also allows you to address any concerns or questions you may have about your emergency room visit and your condition.
3) Be an informed patient. Learn as much as you can about your medical condition and about your health, using valuable resources such as books and medical magazines at your local library. The Internet can also be a powerful resource but keep in mind that the quality of information online varies widely. Ask your doctor for recommended books, online resources, and other informational resources that can help you stay healthy.
4) Keep a record of your medical treatment. This will not only help you to understand what has happened, but if a medical mistake or medical negligence does occur, a record can help your Hialeah personal injury attorney apprise you of your rights and help them take action in your case.
Law enforcement continues to investigate a fatal car accident that occurred on Highway 213 in Marshall, North Carolina September 13. However, police believe that a 41-year-old man was driving while impaired when the accident occurred.
A North Carolina State Highway Patrol trooper claims in court documents filed November 9 that the man smelled of alcohol after the fatal crash. The trooper also claims that the surviving driver of the accident had blood shot eyes and was slurring his speech after sustaining injuries in the wreck.
Police say that the man was driving a Ford Mustang on Highway 213 that collided with a Ford Escort at the intersection between the highway and Silver Mill Road. The Mustang collided with the Escort as a woman pulled into the intersection from Silver Mill, according to the Citizen-Times.
The 30-year-old woman driving the Escort was killed in the accident. The man driving the Mustang and his 26-year-old passenger suffered non-life-threatening injuries in the wreck and were taken to an area hospital. Police believe the speed of the Mustang may have contributed to the cause of the crash.
Law enforcement says that the man driving the Mustang refused to submit to a chemical test. Agents from the North Carolina Division of Alcohol Law Enforcement reportedly visited an establishment in Marshall where authorities believe the man driving the Mustang had been before the fatal crash, although details about that investigation are sketchy, according to the Citizen-Times.
Authorities say that testing is being conducted on blood work related to the investigation. Additional charges may be filed pending the outcome of that analysis. Law enforcement continues to investigate other aspects of the crash.
Source: Citizen-Times, “Lunsford faces DWI charge,” Melissa Dean, Nov. 26, 2012