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The latest statistics from The National Highway Traffic Safety Administration (NHTSA) have both positive and disappointing news for Miami and the rest of Florida. According to the NHTSA, the number of fatal car accidents across the country dropped by 1.9% in 2011, when compared with 2010. In 2010, there were 32,999 fatalities linked to traffic accidents and only 32,367 in 2011 – representing the lowest number since 1949. Since 2005, traffic fatalities have declined 26%.

Florida, however, is still third in the national for the total number of car accident fatalities. Although car accident fatalities in the state dropped 1.9% in 2011 when compared with 2010, according to experts much still needs to be done to reduce these fatalities even more. In 2011, Florida saw 2,398 car accident fatalities. Only Texas and California had more. Experts believe that there are a number of things that can be done to help prevent traffic accidents in Miami and across Florida:

1) Improve awareness of seat belts, distracted driving, drunk driving, fatigued driving, and other risk factors through public education campaigns. Making drivers aware of the risks they take – and the dangers of those risks – can encourage more motorists to drive safely, which can help reduce the number of car and truck accidents in Miami and across Florida.

2) Improve law enforcement. In some cases, awareness is not enough and motorists continue to take risks that they know can lead to traffic accidents. In these cases, law enforcement can ensure that drivers are ticketed or even taken off the roads before they cause an accident.

3) Hold reckless drivers accountable for their actions. In cases where a driver’s negligence causes a car accident in Miami or anywhere in South Florida, injured parties can hold the at-fault driver responsible. Pursuing a legal claim can push a negligent driver into being more careful in the future, preventing other accidents. A legal claim can also help someone who has been injured get compensation for their injuries, so that they can pursue medical care. If you have sustained a personal injury in Miami or anywhere in Florida due to a traffic accident, consider speaking with a personal injury attorney before you make any decisions about your case. Your case may be worth more than you realize and there may be more resources available to you than you know about. You may be able to secure a free consultation with a personal injury attorney to review your options before you accept an insurance company offer.

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A 24-year-old Raleigh, North Carolina woman pled guilty Monday in Pitt County Superior Court to driving while impaired and felony death by vehicle charges. The charges arose from an August 2009 accident that authorities say claimed the life of a passenger. The woman also pled guilty to misdemeanor hit-and-run allegations arising in an unrelated incident in May 2009.

The woman entered the guilty pleas Monday afternoon in Pitt County and was sentenced to the maximum term of 36 to 53 months in prison on the death by vehicle charge. The judge imposed a two year prison sentence on the DWI conviction and ordered that that sentence run consecutive to the death by vehicle sentence.

Generally, a consecutive sentence does not begin until a prior sentence is completed. For comparison, when a person is sentenced to concurrent sentences for separate offenses, the sentences are served at the same time.

The felony death by vehicle and DWI charges were filed after authorities say that the woman crashed her vehicle on Worthington Road east of County Home Road in August 2009. A 21-year-old man was thrown from the passenger seat as the woman’s Toyota Sequoia flipped several times, according to North Carolina State Police. The passenger suffered fatal injuries in the tragic wreck. The woman had been charged with second-degree murder

The same woman appeared in court last week on separate DWI charges. Tuesday, she was found guilty of DWI from allegations that arose in August 2008. At the hearing last week, the judge imposed a six-month sentence for the DWI conviction, which prosecutors say is the maximum sentence, according to the Greenville Daily Reflector.

Source: Greenville Daily Reflector, “Driver pleads guilty in fatal wreck,” Kristin Zachary, Jan. 28, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

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:

• The Robesonian, “Alcohol cited in deadly accident,” Jan. 2, 2013
• The Fayetteville Observer, “One dead, two drivers charged with DWI in fatal crash in Robeson County,” Nancy McCleary, Jan. 3, 2013

• Our firm provides criminal defense for drivers accused of alcohol-related offenses or DWI charges in the Pitt County, North Carolina area. For more information on the firm, please visit the Greenville DWI and drug defense lawyer page.

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Police in Matthews, North Carolina say that they are looking into what may have been involved in a fatal car accident on N.C. 51 Wednesday evening. Authorities say that the tragic crash happened around 9:30 p.m. Law enforcement has arrested one of the drivers involved in the accident on suspicion of driving while impaired and reckless driving charges. Authorities say that the 28-year-old Matthews, North Carolina man could face more charges, pending further investigation.

Officials say that the man was driving a Chevrolet Trailblazer northbound on Matthews Township Parkway, which is also N.C. 51, Wednesday. At the same time, a 62-year-old Charlotte woman was southbound on N.C. 51, with her daughter and two grandchildren in a Honda CRV. Police say that the Charlotte woman attempted to make a left-hand turn onto Independence Boulevard when her car was struck by the Trailblazer.

The two adult women were killed in the accident. Police say that the two children suffered minor injuries and were treated at a nearby hospital.

The man driving the Trailblazer was also hospitalized after the wreck, and will face charges related to the accident. Matthews Police reportedly continue to investigate the accident. Details remain sketchy. It is unclear from media reports what evidence of impairment law enforcement has found in the investigation.

The man accused of DWI in Wednesday’s accident reportedly had previously been charged in Union County on DWI allegations in 2010. That case reportedly was dropped after the arresting officer was not able to appear in court.

Source: Charlotte Observer, “Driver charged after mother, daughter killed in U.S. 74/N.C. 51 wreck in Matthews,” April Bethea and Cleve R. Wootson Jr, Dec. 27, 2012

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

One person is dead after a trailer fire in the Rural Municipality of Springfield early Saturday.

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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

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

North Carolina authorities accuse a trucker of driving while impaired after a fatal accident occurred that involved three tractor-trailers on U.S. 74 October 2 near Columbus, North Carolina. Most North Carolina residents may be aware that the legal limit to drive is generally set at 0.08 percent blood alcohol concentration. But in a few specified circumstances, the legal limit may be lower than 0.08 percent BAC.

In the recent truck accident, it is not clear what level of alcohol authorities believe that the truck driver accused of starting a chain reaction accident may have had. The North Carolina State Highway Patrol claims that the out-of-state driver smelled of alcohol, and toxicology tests of a blood sample remain pending. Troopers claim that two open containers from 24-ounce beers were found in the cab of the tractor-trailer the trucker was driving when he crashed.

Authorities say the trucker lost control of his rig at the North Carolina Highway 9 exit along U.S. 74. Troopers say that his rig rolled onto its side. A second tractor-trailer then slammed into the wrecked rig-followed by a third rig slamming into the pile.

The driver of the truck that slammed into the initial wrecked rig suffered fatal injuries. The out-of-state commercial truck driver that initially rolled his rig is accused of DWI of a commercial vehicle, drinking while driving a commercial vehicle, open container and reckless driving-authorities say that more charges are pending.

This blog has discussed the special rules for underage drivers that allow the state to seek underage DUI charges based upon any measurable evidence of alcohol. Underage drinking and driving charges do not preclude normal DWI charges, however, if there is evidence showing a 0.08 percent BAC to support DWI charges.

Similarly, in the case of commercial drivers, there is also a lower limit for drunk driving charges. Authorities may prosecute a commercial driver for DWI under North Carolina law based upon a 0.04 percent BAC reading.

Source: Times-News, “Tractor-trailer driver charged with DWI in wreck that killed 1,” Mark Schulman, Oct. 12, 2012

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

A tragic car accident was reported around 11:15 Saturday night a few miles from Farmville, North Carolina. Police say that a man in a Ford Explorer crossed the center line while traveling south on NC 121. The SUV reportedly crashed with a Ford Focus driven by a 57-year-old woman from Greenville, North Carolina.

The woman suffered fatal injuries in the tragic accident. She was pronounced dead at Vidant Medical Center. Several passengers in the SUV suffered injury. The man accused of driving the Ford Explorer is now facing charges for driving while impaired in the aftermath of the tragic accident. Police claim that the 26-year-old man was under the influence of alcohol Saturday night.

Authorities arrested the man accused of crossing the center line on several charges, including DWI, driving with a revoked license and death by motor vehicle-a felony level offense.

News reports do not indicate what led police to believe that the man was under the influence at the time of the crash. Any car accident story can pull hard on a reader’s heart strings. But it is important to note that our legal justice system provides a person accused of driving while impaired with the right to be presumed innocent of the charges unless, and until, proven guilty of the charges beyond a reasonable doubt.

Tragic car accidents are difficult for victim’s families, and a family’s loss is not only heartbreaking for the family, but generally for the community as well.

However, a defendant still has an important right under our Constitution to a complete defense to any criminal charges that may flow from a tragic accident.

Source: The Greenville Daily Reflector, “Farmville man charged in fatal crash,” Jane Dail, Oct. 2, 2012

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

A 20-year-old Durham, North Carolina woman is facing a provisional DWI charge, and a 33-year-old Knightdale, North Carolina man was arrested on suspicion of DWI, after the two were involved in a three-car accident near the Wake-Franklin county line early Sunday. Law enforcement says that the young woman ran out of gas on U.S. 64. She reportedly pulled over, but authorities claim that she left part of her Honda sticking out into the traffic lane when she came to a stop.

Around 3:30 a.m., law enforcement says that an Altima approached and crashed into the stalled car. Both cars spun, leaving the Altima stopped sideways in the opposing traffic lane. A second Nissan broadsided the Altima, ejecting the driver of the Altima from his car. The Altima reportedly burst into flames.

The 23-year-old Sanford, North Carolina man who was driving the Altima was killed in the traffic accident. Five other people from the two other cars suffered injuries in the wreck.

Law enforcement reportedly investigated the drivers of the Honda and the second Nissan involved in the accident for evidence of alcohol impairment. Authorities say the 20-year-old woman who had allegedly run out of gas measured a 0.05 percent alcohol level.

As this blog has previous discussed, North Carolina law allows authorities to bring underage DWI, also known as provisional license DWI charges, against a person under the age of 21 based upon any evidence of alcohol consumption.

The man accused of driving the second Nissan involved in the crash was also tested for alcohol, but authorities say that the results of his alcohol test remain pending.

Source: News Observer, “Two charged with DWI in fatal wreck,” Thomasi McDonald, Aug.14, 2012

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

RCMP have charged a Winnipeg man in connection with a head-on crash that killed three people near Sanford in January.

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