What to Expect at a DMV Restoration Hearing?

If you are suspected of driving while intoxicated, and when the officer asks you to blow into a breath-test, refusal to take such test will result in the automatic revocation of that person’s license.  The revocation will vary, in North Carolina, depending on the aggravating factors versus the mitigating factors.  However, in North Carolina if you are in such a situation you can request a DMV hearing where an alleged offender can demonstrate why his driving privileges should be restored.

Now, the question is what can be expected at such a hearing?  During the hearing, a offender will need to bring in witnesses to testify that he no longer excessively consumes alcohol or drives after consuming alcohol.  Those witnesses must be placed under oath before testifying, and only one witness at a time may be interviewed.  The only other people present in such hearings are your attorney, and the hearing officer, who acts as the judge.

Further, other pieces of evidence may also be submitted during the hearing, such as whether the DMV test was performed incorrectly, or that you did not refuse the test willfully.  Next, in interlock device hearings, evidence can be presented that the device registered a false positive if you are accused of registering alcohol in your system after a device was installed in your vehicle

Therefore, if you have been charged with a DWI in North Carolina and have refused to submit to the breath-test contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation.  Call our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.

U.S. Government Proposes Decreasing BAC Level from 0.08 to 0.05

The United States Government has proposed cutting the threshold for drunken driving from 0.08 blood alcohol concentration (B.A.C.) to 0.05 slicing the standard almost in half.  This proposal came about after statistics illustrate substantially reduced highway deaths in other countries.  This is equivalent to about one drink for a 120 pound person and about two drinks for a 160 pound person.

The vast majority of countries have adopted the 0.05 alcohol content standard, according to the National Transportation Safety Board (NTSB).  For example, in Europe driving deaths have been cut in half ever since the standard was reduced ten years ago.  NTSB officials have mentioned that it is not their intention to prevent drivers from having a glass of wine with dinner; however, as alcohol levels rise up to 0.08, the possibility of a car accident is drastically increased.

Further, it has been reported that when a person has an alcohol concentration as low as 0.01, drinking related impairment can occur, and more fatal car accidents have been reported under these circumstances.  This is why the Federal Government is attempting to combat such accidents.   An alcohol concentration threshold of 0.05 is likely to meet strong resistance from states due to the fact that it was difficult to lower the concentration to 0.08 in most circumstances.

Groups such as Mothers Against Drunk Driving (MADD), AAA, and even the National Highway Traffic Safety Administration, which sets national safety policy, have declined to endorse such a seriously high threshold.  The board has recommended NHTSA establish “incentive grants” designed to encourage states to adopt the lower threshold.

Further, a study by the Insurance Institute for Highway Safety has estimated that over 7000 deaths would have been prevented in 2010 if all drivers on the road had a BAC below 0.08 percent.  The lower threshold campaign came along with the ignition interlock campaign which is in full force in most states.  This would require a driver, who was previously suspected of blowing over 0.15, or is a repeat offender, to breathe into a tube before they can start their car.  Currently 17 states require all drivers convicted of DWI to install such a device.

The problem with ignition interlock devices is that drivers forced to use them have been able to evade the device in many creative ways.  One such way is by claiming that they don’t own a vehicle, and therefore do not need such a device.  Or, they can use the vehicles of family members that the courts have not been told about.   Most of the technology to properly monitor these devices has not been critiqued properly at this point; this will take a few years.

Roughly 10,000 lives a year are lost as a result of intoxicated drivers in the US, even with dramatic progress to curb such activity since the 1980′s.  In the 80′s, it has been reported that nearly 48 percent of highway deaths were as a result of drunk drivers.  The recommendations by the board, in this case, were made on the 25th anniversary of one of the nation’s deadliest drunk driving accidents where a drunk driver drove his pick-up truck down the wrong side of the highway, collided with a bus, and killed 27 people, 24 of which were children.

With these new proposals will come a wave of litigation with regard to DUI’s and DWI’s.  If you or a loved one has been charged with DWI in North Carolina, or DUI in South Carolina, give us a call for a confidential consultation.  You can reach our Fort Mill, South Carolina office at 803-548-4444, and our Charlotte, North Carolina office at 704-499-9000.

Rock Hill Man Leaves Bar and Subsequently Wrecks Into Liquor Store

A Rock Hill liquor store owner was awaken Saturday night by a phone call from the police; only to inform him that his security alarm had been set off.

The owner purchased the store 8 years ago, and has been running it ever since.

By the time the owner made it to his store, the police were already on the scene. Bystanders and employees alike were all staring at the outside of the building, where a vehicle had been driven right into the wall.

Apparently, about 3 feet of the store’s cinder-block wall had been pushed inward; creating massive amounts of damage for both the building and its inventory.

According to the police reports, the driver backed his black SUV into the Liquor store after leaving the Saloon across the street. The time of accident was slightly after 11:00 p.m.

After obtaining the surveillance video from the owner, the police determined that the large vehicle was slowly backing towards the store right before 11:00, when out of no where the driver accelerated the vehicle, slamming it into the side wall.

Not only was the cinder-block wall destroyed, but also layers of glass and plaster protecting the inventory was knocked out, breaking numerous liquor bottles.

The police were unable to read the tag on the vehicle via the surveillance video.

The car’s tag can’t be read from the surveillance video.

It has been estimated that over $3,000 worth of damage was done to the store alone. Additional damages are still being tallied as to the merchandise.

A patron of the bar across the street has given the name of the alleged defendant to the owner. The owner now plans to contact the defendant and discuss payment options to restore his building.

No evidence suggests that anyone was injured from the car accident; except perhaps Mr. Captain Morgan.

If you, or someone you know has been involved in a serious car accident where alcohol was involved, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 today.