January 2011 Archives

Bicyclist Killed By Drunk Driver

January 31, 2011

Charlotte, North Carolina drunk driver Stephen Lance Helms has been charged with Driving While Impaired, Assault with a Deadly Weapon, and Second Degree Murder in the hit-and-run death of cyclist Roy Dean Mittelsteadt.

Mittelsteadt was riding his bike on Rocky River Road on his way home from work Thursday night when he was struck by Helms, who fled the scene. A passing motorist discovered Mittelsteadt on the side of the road and called police. Investigators then alerted area police departments to be on the lookout for a vehicle with damage to the front end. A short while later, Helms was stopped while driving a vehicle with massive front end damage, and he was arrested for Driving While Impaired. Charges of Assault with a Deadly Weapon and Second Degree Murder were later added and he was released on $105,000 bond.

Middelsteadt, a veteran of Operation Desert Storm, is survived by his wife and four children.

If you or a loved one has been injured in a bicycle accident, or any accident with a drunk driver, the experienced attorneys at Auger & Auger can help. Call now for your free consultation.

Felony Charges for North Carolina Woman with Blood Alcohol Content Nearly 3 Times Legal Limit

January 10, 2011

A North Carolina woman was found to have a blood alcohol content of .22%, almost 3 times the legal limit. Kimberly Ricks of Greensboro was involved in a minor traffic accident in West Seneca, New York, and fled the scene. Police caught up with Ricks who was driving with her 11 year old son in the car.

Our Charlotte, North Carolina car accident attorneys have discussed on several occasions (It's Time North Carolina Adopts New Yorks Child Passenger Protection Act and Would Leandra's Law Have Prevented Death Of Charlotte Area Teen, the New York law that makes all DWI offenses a felony. We fully support this law and hope that North Carolina will soon adopt a similar law.

Under New York's Child Passenger Protection Act, also known as Leandra's Law, Ricks has been charged with Aggravated DWI, misdemeanor DWI, and other traffic violations. She faces up to 4 years in prison since she had a child under 16 in the car. She will also be reported to the Statewide Central Register of Child Abuse and Maltreatment.

Charlotte Woman Injured in Crash with Cop

January 7, 2011

A woman from Charlotte, North Carolina was seriously injured when she was t-boned by a speeding police car that was not operating its siren or blue lights.

If an officer is going to exceed the speed limit during a pursuit, State Law requires the officer to activate their sirens and lights. In this Charlotte, North Carolina car wreck, the innocent victim had the right-of-way when she was struck by the CMPD officer, who was traveling 45mph in a 35mph zone.

This is not the first time an innocent victim has been injured due to a speeding officer. In March, 2009, a Charlotte man was killed when a police car going more than 90mph without its sirens or lights activated, hit him. That officer later pled guilty to involuntary manslaughter.