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January 25, 2012

Three Teens Ejected From Truck Following Drunk Driving Crash

KillerDrink.jpgA North Carolina drunk driving accident has left 3 teens hospitalized after being ejected from a vehicle Sunday night. North Carolina State Troopers report that 17 year old Keegan Robinson, a junior at East Carteret High School, was under the influence of alcohol when he was driving too fast, ran off the roadway, and over corrected, causing his pickup truck to strike a ditch and flip. Robinson and his two passengers, also high school students, were ejected from the vehicle. Charges against Robinson are pending.

All three teens were initially transported to Carteret General Hospital but were subsequently airlifted to New Hanover Regional Medical Center for treatment of multiple broken bones, internal injuries, and head injuries. As of Wednesday, Robinson was still unconscious and in critical condition.

Hundreds of people attended a prayer service Tuesday at Cedar Island United Methodist Church. Hopefully, the members of this tight-knit community can identify the person who provided alcohol to these teens so that they can be held accountable.

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January 11, 2012

One Teen Dead, One Teen In Jail Following Raleigh Drunk Driving Accident

GuyInJailCell.jpgA Raleigh drunk driving car accident has left one teenager dead and another in jail. The Raleigh Police Department has charged 16 year old Garrett Prince, a student at Millbrook High School, with Felony Death by Motor Vehicle, Driving While Impaired, Open Container of Alcohol, Possession of Marijuana, and Driving After Consuming Alcohol While Underage.

Fellow Millbrook High School student Elizabeth Molloy was killed when Prince rounded a curve at a high rate of speed and struck a tree. Police estimate that Prince was driving at approximately 75 miles per hour when he crashed. It is likely that Molloy would have survived the crash had she been wearing her seatbelt. Prince, who was also not wearing a seatbelt, was ejected from the vehicle.

The accident occurred around 2am Friday morning after the teens left a party in the neighborhood where Prince crashed. Police found several empty alcoholic beverage bottles in Prince's vehicle.

This accident is a tragedy that could easily have been prevented. It has been reported that Prince was driving with a provisional drivers license. Holders of a level 2 provisional license are prohibited from driving after 9 pm unless they are driving to or from work.

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May 9, 2011

Pedestrian Killed by Drunk Bus Driver

The driver of a tour bus that struck and killed a man crossing the street has been charged with Vehicular Manslaughter and Driving While Impaired.

Timothy White was struck and killed by a luxury tour bus operated by Steve Drappel.

It has been reported that Drappel blew a 0.14 at the scene, and that a second blood alcohol test taken later at the police station found a blood alcohol level of 0.08, twice the legal limit of 0.04 for commercial drivers.

Investigators discovered vodka in Drappel's travel mug along with a half-empty bottle of Smirnoff vodka. Drappel dragged White for almost 30 feet before heeding to onlookers cries to stop.

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March 24, 2011

In Separate Incidents, Kids In Car With Mothers Driving Under The Influence

Early Tuesday morning, Mount Holly Police arrested 24 year old Tracy Ellett who had her 2 and 5 year old children in the car, for Driving While Impaired. Ellett failed a field sobriety test and was found to have bloodshot eyes, was unsteady on her feet, and had an odor of alcohol. Ellett, however, refused to take a breathalyzer test. Shortly thereafter, a court order was issued authorizing a forced blood sample to determine Ellett's level of intoxication. Ellett has subsequently been charged with 2 counts of Contributing to the Deliquency of a Minor, and is being held on $20,000 bond.

The next day, another mother, Kalie Leann Nickels, also known as Trista Ann Nickels, was arrested for Driving While Impaired, and her 2 year old child was in the car. Taylorsville Police pulled Nickels over after receiving reports of a pickup truck almost hitting a school bus head-on. During the traffic stop, the officer noticed that the 2 year olds car seat was not properly installed. When the officer attempted to properly position the car seat, he discovered a large bottle containing 83 Dilaudid pills, and another large bottle containing 27 Xanax pills. Nickels 2 year old child is in the custody of the Department of Social Services, and Nickels, who was wanted by the US Marshal's Service in Florida on indictments for Conspiracy to Possess with Intent to Distribute Methamphetamine, has also been charged with Possession of a Schedule II Controlled Substance and Possession of a Schedule IV Controlled Substance. She is being held on $5,000 bond.

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March 22, 2011

Drunk Driver Sends 5 to Hospital in Hickory Crash

Police say that William David Watson was drunk when he caused a Hickory car accident injuring 5 people.

According to the driver of the other vehicle, Watson was seen swerving just prior to the crash, so he took evasive action and pulled to the side of the road, but was still hit head-on by Watson.

Watson, who has been charged with Driving While Impaired, Carrying a Concealed Weapon, and Possession of a Stolen Firearm, is no stranger to the criminal courts. As a teen, he was convicted twice for possession of marijuana and once for underage possession of alcohol. His troubles with the law continued into his 20's and 30's, with more drug convictions, and 2 charges but not convictions, for Driving While Impaired. He is currently awaiting trial for a speeding charge and a charge for hit and run and leaving the scene of an accident.

The victims of this accident were treated and released from Frye Regional Medical Center. These victims will be entitled to recover damages for their injuries, as well as punitive damages, as Watson was charged with Driving While Impaired. An experienced car accident attorney can recover damages from the responsible party for a victims injuries.

March 18, 2011

Drunk Teenager Causes Fatal Wreck

Police have identified 18 year-old Chahid Omar Solamen as the driver in a one car accident in Greenville, North Carolina that left one person dead, and three hospitalized. An unknown fifth person walked away from the wreckage.

Solamen has been charged with Driving While Impaired, and more charges will likely follow due to the death of one of the passengers. At least three of the passengers were not wearing seatbelts and were ejected from the vehicle.

In 2009, over 45,000 drivers were involved in fatal car accidents and more than 10,000, or 22%, had a blood alcohol levels above .08. Of those drunk drivers, 35% were between the ages 21-24, 32% between the ages 25-34, and 19% between the ages 16-20. Those not even old enough to drink legally were responsible for 19% of drivers in drunk driving fatal accidents.

Until people get the message that it is not OK to drink and drive, these statistics will not decrease. As for the passengers in Mr. Solamen's vehicle, if they knew or should have known that Solamen was under the influence of alcohol, it can prevent them from recovering damages. For more information, contact an experienced car accident attorney.

March 18, 2011

Update: Alcohol WAS Factor in Crash

On March 15, our North Carolina car accident lawyers reported to you about a tragic fatal accident in which the unidentified driver of a pickup truck crashed into the rear of a tractor trailer truck parked off the side of I85.

We now know that Hipolito Torres Galicia has been charged with Driving While Impaired, and 2 counts of Felony Death by Vehicle. His immigration status has not been released.

March 8, 2011

Kiss Me, I'm Sober

The National Highway Traffic Safety Administration (NHTSA) just kicked off its latest campaign to prevent impaired driving. The program, Kiss Me, I'm Sober, runs from today thru March 17, 2011.

It is no secret that St. Patrick's Day is one of the biggest party nights of the year, particularly for young adults. Drivers in the 21 to 24 year old age group are responsible for more fatal car accidents with a blood alcohol concentration of .08 or above, than any other group. Research shows that 59% of all fatal car crashed on St. Patrick's Day in 2005 involved drivers with blood alcohol concentrations of .01 and above, and out of those, most (89%) had blood alcohol concentrations of .08 or more.

State and local police will be on the lookout for impaired drivers. Our experienced car accident attorneys remind you to be safe: designate a sober driver, or call a cab.

March 7, 2011

21 Year Prison Sentence for Drunk Driver

Howard Pasour, the habitual drunk driver who killed local teen, Laura Fortenberry in July, will spend the next 21 years in prison.

Pasour, who had 3 prior convictions for DWI, and multiple prior charges for drug possession, plead guilty today to second degree murder, habitual DWI, and 2 counts of serious injury by vehicle.

In response to this tragic event, the North Carolina House Judiciary Committee has approved House Bill 49, known as "Laura's Law." It provides for longer prison sentences for repeat DWI offenders, and allows judges to require the convicted drunk driver to wear an alcohol monitoring bracelet.

But Laura's Law is still too lenient on drunk drivers. Our car accident attorneys have reported several times, that other states, such as New York, have taken a far more aggressive approach towards drunk drivers. As we have reported, New York State requires an ignition interlock device be put in place for all DWI offenders, including first offenses.

North Carolina should also require that repeat offenders have their vehicle impounded. According to the Department of Corrections, 83% of the 1,200 people in prison for DWI, are repeat offenders.Police are doing their job. DWI checkpoints routinely result in numerous arrests. It is up to our representatives to strengthen our laws.

March 3, 2011

Guilty Conviction in DWI Wreck that Killed Ballerina

A jury in Wake County found former surgeon Raymond Cook, guilty of involuntary manslaughter, felony death by motor vehicle, and driving while impaired. Cook, who gave up his medical license one week after this deadly accident, was sentenced to at least 3 years in prison.

Cook's blood-alcohol content was 0.24 percent, three times the legal limit, when he crashed, killing aspiring 20 year old ballerina, Elena Shapiro. Cook was reportedly traveling over 80 mph through an intersection when he struck Shapiro's car.

Following the verdict, jurors advised reporters that they were just 2 votes short of convicting Cook of second degree murder.

February 22, 2011

12 Year Old Dead in Wreck Caused by Drunk Driver

It is hard enough dealing with the loss of a 12 year old child, but for the Sierra family of Asheboro, it came at the hands of a family friend. Reyna Patricia Valencia, a friend of the Sierra family that was visiting Asheboro from Phoenix, Arizona, was driving 12 year old Roland Sierra and his 14 year old brother, Jose Sierra, without their parents knowledge or permission. Valencia was driving at a high rate of speed and under the influence of alcohol when her car left the roadway, overturned, hit an embankment, and came to a final rest against a road sign. Roland, who police believe was not properly restrained, was killed in the accident.

Valencia is charged with 4 felonies, including Driving While Impaired, Death by Motorvehicle, and Involuntary Manslaughter. She is being held on $250,000 bond.

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February 16, 2011

Drunk Driver Killed, 6 Others Injured In Charlotte, North Carolina Car Accident

A drunk driver was killed and 6 other people were injured in a Charlotte, North Carolina car accident on Saturday. According to witnesses, David Cleary was seen weaving and speeding before he crossed the center line into oncoming traffic, striking another vehicle. Cleary's passengers, his girlfriend and her young children, were seriously injured in the crash. The driver of the car that Cleary hit, Richard McDonald, also had children in his car and he was also charged with Driving While Impaired, though police have not released his breath alcohol content.

It is a terrible thing, when a person decides to drive after drinking alcohol, but even worse when child passengers become innocent victims.

The North Carolina State Transportation Secretary recently announced that for the calendar year 2010, over 600,000 traffic and criminal citations were issued, including over 16,000 citations for driving while impaired.

If you or a loved one is injured in a car accident caused by a drunk driver, call the experienced car accident attorneys at Auger & Auger for your free consultation.

February 9, 2011

Drunk Driver Was Also Texting At Time Of Crash

NASCAR driver Michael Annett rear-ended another car in a Mooresville, North Carolina car accident. Annett admitted to police that he was distracted, and that he was texting on his cell phone while driving. Further investigation found that Annett had also been drinking and a breath alcohol test found him to have an alcohol level of 0.32% which is four times the legal limit.

This is not the first time Annett has caused a car accident while texting. According to NC State DMV records, Annett was involved in a similar accident several months ago with similar circumstances.

Annett, who has been charged with driving while impaired, texting while driving, and resisting an officer, has also been put on probation by NASCAR. NASCAR is requiring Annett to undergo evaluation by a certified substance abuse professional, as well as to undergo random drug and alcohol testing.

Texting while driving may be even more dangerous than drunk driving. According to the National Safety Council (NSC), over 1 million car crashes are the result of cell phone use while driving. The NSC estimates that 1.4 million car accidents annually are the result of drivers who were distracted by cell phone use, and another 200,000 wrecks caused by drivers who were actually texting while driving.

If you or a loved one is the victim of distracted driver, call the experienced car accident attorneys at Auger & Auger for your free consultation.

January 31, 2011

Bicyclist Killed By Drunk Driver

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.

January 10, 2011

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

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.