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In January, a Millbrook High School student was killed in a car accident. North Carolina law enforcement agencies and the Department of Alcohol Law Enforcement conducted investigations into the circumstances surrounding the tragic fatal car accident.

Investigators had said that an underage drinking party led to the tragic fatal accident, and a wide number of underage alcohol offenses where brought against several people and DWI charges were filed against a 16-year-old followed the extensive investigation. This blog previously discussed several of the charges filed in prior posts.

One of the Raleigh men charged in the aftermath of the fatal car accident pled guilty Wednesday to charges leveled in the aftermath of the ALE investigation.

ALE agents had alleged that the 21-year-old Raleigh man had purchased a bottle of rum for a 16-year-old who was charged with driving while impaired, felony death by motor vehicle and other offenses on allegations the he was driving the car involved in the fatal accident.

Authorities say the 16-year-old registered a 0.29 percent blood alcohol concentration in a chemical test conducted after the car accident. A young woman who was riding as a passenger in the car died in the crash.

The 21-year-old Raleigh man who was charged with purchasing the rum reportedly pled guilty this week to two counts of purchasing alcohol, and was sentenced in criminal court Wednesday. The judge reportedly imposed 12 months of probation, community service, a fine and court fees in sentencing the Raleigh man.

Underage alcohol charges were filed against several other people ranging in age from 15 to 18-years-old after the investigation.

Source: WRAL, “Man pleads guilty to buying alcohol in fatal teen DWI crash,” May 9, 2012

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

A local news station in Lee County, Florida recently ran an investigative series into Florida drunk driving accidents and DUI incidents. Reporters found that in many cases drivers caught on DUI charges are getting their licenses back and are being allowed to drive again quickly after being ticketed for DUI.

Under Florida law, drivers who have been accused of DUI are allowed to have an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles. This hearing occurs before the DUI trial and allows the defendants to argue for their license. While Florida law allows officers to immediately take away the license of someone who is accused of DUI, these hearings, according to investigative reporters, gave back licenses to hundreds of people in Southern Florida in just a three month period.

Someone who is accused of driving under the influence has ten days to request an administrative hearing. At the hearing, officers decide whether to invalidate the license suspension and return the driver’s license. According to investigative reports, in 2009 more than 5200 drivers in Florida received their licenses back due to these hearings. In some cases, drivers had been impaired and had been unable to pass a breathalyzer test but had their licenses reinstates because police officers failed to follow testing standards or guidelines when administering the tests.

In some cases, arresting officers did not appear at the administrative hearings, which also allowed the drivers to have their licenses reinstated. Florida is changing that particular law. After July 2010, a driver does not automatically have his or her license reinstated if the arresting officer does not show up at a DMV administrative hearing. As well, police authorities are cracking down on police officers who fail to show up for the hearings.

The investigative report does suggest the importance of good communication between the DMV and authorities. While DMV administrative hearings do not have a bearing on criminal DUI trials – that is, someone who has a license reinstated at a DMV hearing may still be found guilty at a criminal DUI trial – the case is troubling for motorists. This is because it does suggest that drivers who may cause Florida car accidents due to DUI may be back on the roads – legally – after drinking and driving. The DMV hearings are intended to give drivers a fair chance to get their licenses back but more studies need to be done to determine whether reinstatements are leading to more Florida car accidents.

Florida Car Accident Lawyer Blog

The tradition of beach driving may be costing lives. According to experts, beach driving leads to many Florida car accidents and pedestrian accidents each year. Between 2005 and 2010, 45 Florida pedestrian accidents took place on Volusia County beaches alone because someone was driving a vehicle on the beach. According to experts, beach driving leads to about 6% of Florida pedestrian accidents. This year, Volusia County Council has hired a consultant to review beach safety and beach driving to determine whether there is any way to reduce the number of beach accidents involving cars and vehicles.

A review by the News-Journal, a local newspaper, found that in many Florida car accidents and vehicle accidents on the beach, pedestrians were in fact lying down or sitting down on the beach, potentially making them less visible to drivers. In about one-third of cases, drivers were backing up when the accident occurred, suggesting that in many cases the pedestrian was simply not seen by the driver in the rear-view mirror.

As well, according to the newspaper, about half of Florida car accidents on the beach take place during March and July, the months when beaches are busiest. This may mean that simply changing the rules or laws during these two months can significantly reduce the instances of Florida pedestrian accidents on the beaches. Volusia County Council has also considered adding more car-free zones and more signage on the beach to prevent accidents.

Exerts claim that one of the problems is that the beach is a constant intersection. Most Florida car accidents occur at intersections, simply because these are the points where conflict can most easily take place. On a beach, however, the flow of people and vehicles is constant, creating almost endless points of conflict. At the same time, experts note that more people on beaches are bitten by sharks than injured in collisions with vehicles.

Some suggestions for improving beach safety also include creating completely separate areas for sunbathing and driving. This will help ensure that people who are lying down and people who are driving are simply not in the same area. Some experts have also suggested that parts of beaches should be completely closed down during times when the beaches are busy to allow for better supervision. However, for families who have lost children or loved ones to beach pedestrian accidents want cars banned entirely from beaches, saying it is too unsafe for pedestrians and vehicles to share the same space.

Florida Car Accident Lawyer Blog