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Police say that a woman behind the wheel in a rollover crash in Gaston County, North Carolina was sober when the accident occurred. Law enforcement believes the woman was texting when the accident happened. However, authorities say that she was not the one in control of the steering wheel. Law enforcement says that her passenger was steering-and officials say that the passenger was under the influence of alcohol.

Authorities have charged the sober 19-year-old driver with aiding and abetting driving while impaired in the incident. She is also accused of allowing an unlicensed person to drive.

The allegations follow a single-vehicle wreck that was reported around 9:15 Thursday evening on U.S. 321 near Dallas, North Carolina. Police say that the pickup truck the two young women were traveling in left the road, struck a road sign and apparently rolled more than one time.

The female passenger was thrown from the pickup in the rollover. She suffered serious injuries and was taken to Gaston Memorial Hospital, where she was listed in Fair condition by Friday. Police believe that the passenger had been steering the truck when it wrecked. Police say that charges may be pending for the female passenger.

Meanwhile, the 19-year-old driver, a Lincolnton, North Carolina resident, was booked into the Gaston County Jail early Friday morning and was later released.

A first time aiding and abetting charge in North Carolina can lead to harsh consequences if a person is convicted. Typically, the consequences of an aiding and abetting DWI conviction can be very similar to a level 5 DWI offense.

Sources:

• WSOC TV, “Authorities: Teens were texting, drinking before serious crash,” March 29, 2013
• Gaston Gazette, “Police: Impaired passenger steers car, wrecks on highway,” Wade Allen, March 29, 2013

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

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

• Our firm provides criminal defense for people accused of DWI in the Pitt County area of North Carolina, including DWI charges that allege prescription medication or impairment based upon other substances. For more information, please visit the Greenville DWI defense page.

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 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

Prosecutors filed new charges Friday against a 17-year-old Fayetteville woman related to allegations that she was driving under the influence in a wreck that claimed two lives. Police claim seven people were riding in a Nissan Pathfinder when it was in a roll-over accident early Saturday. Originally the woman accused of driving the vehicle was charged with DWI, careless and reckless driving, speeding and driving without a valid license.

Friday, police say four additional counts were filed. The woman now faces two counts each of felony death by motor vehicle and felony assault by motor vehicle. The new charges significantly up the ante against the accused.

The Fayetteville teen’s mother says she is not sure where the group of people was headed Saturday evening. Law enforcement says the group was heading back to a birthday party when the Nissan left the roadway and overturned in Fayetteville. It remains unclear what alcohol related evidence law enforcement has in the matter.

A 16-year-old Spring Lake man reportedly died at the scene of the crash. A 17-year-old Hope Mills woman passed away Sunday at Cape Fear Valley Medical Center.

The accused teenager reportedly was released into the custody of her mother Friday afternoon after bond of ,500 was posted.

Generally, North Carolina law has a zero tolerance policy when it comes to underage driving under the influence charges. Any measurable alcohol in the system of a person under 21 is sufficient for law enforcement to seek underage DUI charges in the state.

Any underage DUI charge, like any North Carolina DWI offense is a serious matter. When charges are upgraded to felony level offenses, the stakes become much higher. Pitt County and Greenville area residents who are accused of DWI can speak with an experienced DWI defense attorney to help ensure that their constitutional rights are protected.

Source: WRAL, “Driver charged in Fayetteville wreck that killed two,” Matthew Burns Au. 12, 2011

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

Car Wreck Lawyer Says Get Help

In holding a driver’s license, a person is agreeing to be a good driver: not reckless and not negligent. However we know that others are often not as careful as we could hope. Other times, an accident can be caused by vehicle malfunction, bad driving conditions or road layout. If you have been in a car accident and wish to pursue your case in court, you as the plaintiff will need to show the court that the defendant caused the wreck through failing to follow driving law and that this breach of duty caused the injury that you the plaintiff sustained in the accident.

In court, you can file suit against the other driver for various reasons. If the accident left you disfigured or scarred or injured, the defendant must pay for your medical expenses as well as those that a doctor feels will arise in the future and you could also be compensated for the emotional suffering caused by injuries. If you are injured and should you win the suit, you should be compensated for permanent disability, pain, emotional anxiety, medical expenses and surveillance, lost wages, lost work or earning capacity, loss of consortium or society, and household services you can’t take care of while you are injured.

If the defendant driver was not just negligent but reckless, then they may have to pay more. Reckless driving includes speeding, excessive lane changing, not signaling intent to change lanes, changing lanes when there is no safe way to move, passing on an emergency lane or the shoulder, and drunk driving. Drunk driving cases are especially horrifying. An accident lawyer will tell you if you should file suit not just against the drunk driver but also the server or business that gave the driver so much alcohol.

There are special cases which are caused by a defect in the car of a driver. If a defective product caused the accident, then the manufacturer is responsible for the negligence.

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help