Speed Kills Young Drivers

www.kisslinglaw.com

More examples of teens being killed on our roads due to high speeds.

Raleigh, N.C. — The Cardinal Gibbons High School student who died when her car ran off Possum Track Road and struck several trees earlier this week was traveling 95 mph, according to troopers.
Madeline Grace Shook, 16, of Raleigh, was traveling north on Possum Track Road, in northern Wake County, when she crashed while traveling approximately 95 mph in a 45 mph zone. She died at the scene. She was the only occupant in the vehicle.
Shook was on the school's track team and is remembered by teammates as a bright light, a go-getter and a voice of reassurance.
"She just was always encouraging us to do our best and to run to our full potential," Marianne Bahna said.
Cardinal Gibbons Principal Jason Curtis said he remembers Shook as a smart student and competitive athlete.
“As an educator, how can I best care for them and love them and support them just as their parents have asked us to,” Curtis said of grieving students. “What goes through my head is we, the adults, need to model for them the appropriate response.

Blocking Intersection

www.kisslinglaw.com

In North Carolina, it is illegal to pull into an intersection if you cannot get all the way through the intersection.  The exact statute reads as follows:

§ 20-142.5. Stop when traffic obstructed.

No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the

passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to proceed. Any person who violates any provision of this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se.  An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21. (1991, c. 368, s. 1; 2005-349, s. 16.)

What To Do At An Intersection When Power Is Out

 

www.kisslinglaw.com

 

We had a storm here in Raleigh this week.  After attending a dinner on Friday night, I was following my wife home.  Due to the storm, power was out at a few intersections and the signal lights were not working.  As we came to one intersection, my wife stopped, looked both ways and proceeded through the intersection.  As I approached the same intersection, I stopped.  The car coming across my lane just ran right through the intersection without stopping or even slowing down. 

 

I have highlighted the section below that states that you must treat all intersections like four way stops in the event power is out and the light is not working.  Unlike the driver I encountered, it does not mean that you have the right of way.

 

§ 20-158.  Vehicle control signs and signals.

(a)        The Department of Transportation, with reference to State highways, and local authorities, with reference to highways under their jurisdiction, are hereby authorized to control vehicles:

(1)        At intersections, by erecting or installing stop signs requiring vehicles to come to a complete stop at the entrance to that portion of the intersection designated as the main traveled or through highway. Stop signs may also be erected at three or more entrances to an intersection.

(2)        At appropriate places other than intersections, by erecting or installing stop signs requiring vehicles to come to a complete stop.

(3)        At intersections and other appropriate places, by erecting or installing steady-beam traffic signals and other traffic control devices, signs, or signals. All steady-beam traffic signals emitting alternate red and green lights shall be arranged so that the red light in vertical-arranged signal faces shall appear above, and in horizontal-arranged signal faces shall appear to the left of all yellow and green lights.

(4)        At intersections and other appropriate places, by erecting or installing flashing red or yellow lights.

(b)        Control of Vehicles at Intersections. -

(1)        When a stop sign has been erected or installed at an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to vehicles operating on the designated main-traveled or through highway. When stop signs have been erected at three or more entrances to an intersection, the driver, after stopping in obedience thereto, may proceed with caution.

(2)       a.         When a traffic signal is emitting a steady red circular light controlling traffic approaching an intersection, an approaching vehicle facing the red light shall come to a stop and shall not enter the intersection. After coming to a complete stop and unless prohibited by an appropriate sign, that approaching vehicle may make a right turn.

b.         Any vehicle that turns right under this subdivision shall yield the right-of-way to:

1.         Other traffic and pedestrians using the intersection; and

2.         Pedestrians who are moving towards the intersection, who are in reasonably close proximity to the intersection, and who are preparing to cross in front of the traffic that is required to stop at the red light.

c.         Failure to yield to a pedestrian under this subdivision shall be an infraction, and the court may assess a penalty of not more than five hundred dollars ($500.00) and not less than one hundred dollars ($100.00).

d.         Repealed by Session Laws 2014-58, s. 4, effective July 7, 2014.

(2a)      When a traffic signal is emitting a steady yellow circular light on a traffic signal controlling traffic approaching an intersection or a steady yellow arrow light on a traffic signal controlling traffic turning at an intersection, vehicles facing the yellow light are warned that the related green light is being terminated or a red light will be immediately forthcoming. When the traffic signal is emitting a steady green light, vehicles may proceed with due care through the intersection subject to the rights of pedestrians and other vehicles as may otherwise be provided by law.

(3)        When a flashing red light has been erected or installed at an intersection, approaching vehicles facing the red light shall stop and yield the right-of-way to vehicles in or approaching the intersection. The right to proceed shall be subject to the rules applicable to making a stop at a stop sign.

(4)        When a flashing yellow light has been erected or installed at an intersection, approaching vehicles facing the yellow flashing light may proceed through the intersection with caution, yielding the right-of-way to vehicles in or approaching the intersection.

(5)        When a stop sign, traffic signal, flashing light, or other traffic-control device authorized by subsection (a) of this section requires a vehicle to stop at an intersection, the driver shall stop (i) at an appropriately marked stop line, or if none, (ii) before entering a marked crosswalk, or if none, (iii) before entering the intersection at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street.

(6)        When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device.

(c)        Control of Vehicles at Places other than Intersections. -

(1)        When a stop sign has been erected or installed at a place other than an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right-of-way to pedestrians and other vehicles.

(2)        When a traffic signal has been erected or installed at a place other than an intersection, and is emitting a steady red light, vehicles facing the red light shall come to a complete stop. When the traffic signal is emitting a steady yellow light, vehicles facing the light shall be warned that a red light will be immediately forthcoming and that vehicles may not proceed through such a red light. When the traffic signal is emitting a steady green light, vehicles may proceed subject to the rights of pedestrians and other vehicles as may otherwise be provided by law.

(3)        When a flashing red light has been erected or installed at a place other than an intersection, approaching vehicles facing the light shall stop and yield the right-of-way to pedestrians or other vehicles.

(4)        When a flashing yellow light has been erected or installed at a place other than an intersection, approaching vehicles facing the light may proceed with caution, yielding the right-of-way to pedestrians and other vehicles.

(5)        When a traffic signal, stop sign, or other traffic control device authorized by subsection (a) requires a vehicle to stop at a place other than an intersection, the driver shall stop at an appropriately marked stop line, or if none, before entering a marked crosswalk, or if none, before proceeding past the traffic control device.

(6)        When a ramp meter is displaying a circular red display, vehicles facing the red light must stop. When a ramp meter is displaying a circular green display, a vehicle may proceed for each lane of traffic facing the meter. When the display is dark or not emitting a red or green display, a vehicle may proceed without stopping. A violation of this subdivision is an infraction. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this subdivision.

(d)       No failure to stop as required by the provisions of this section shall be considered negligence or contributory negligence per se in any action at law for injury to person or property, but the facts relating to such failure to stop may be considered with the other facts in the case in determining whether a party was guilty of negligence or contributory negligence.

(e)        Defense. - It shall be a defense to a violation of sub-subdivision (b)(2)a. of this section if the operator of a motorcycle, as defined in G.S. 20-4.01(27)h., shows all of the following:

(1)        The operator brought the motorcycle to a complete stop at the intersection or stop bar where a steady red light was being emitted in the direction of the operator.

(2)        The intersection is controlled by a vehicle actuated traffic signal using an inductive loop to activate the traffic signal.

(3)        No other vehicle that was entitled to have the right-of-way under applicable law was sitting at, traveling through, or approaching the intersection.

(4)        No pedestrians were attempting to cross at or near the intersection.

(5)        The motorcycle operator who received the citation waited a minimum of three minutes at the intersection or stop bar where the steady red light was being emitted in the direction of the operator before entering the intersection.  (1937, c. 407, s. 120; 1941, c. 83; 1949, c. 583, s. 2; 1955, c. 384, s. 1; c. 913, s. 7; 1957, c. 65, s. 11; 1973, c. 507, s. 5; c. 1191; c. 1330, s. 22; 1975, c. 1; 1977, c. 464, s. 34; 1979, c. 298, s. 1; 1989, c. 285; 2004-141, ss. 1, 2; 2004-172, ss. 2, 5; 2006-264, s. 6; 2007-260, s. 1; 2007-360, ss. 2, 3; 2014-58, ss. 4, 10(b); 2017-102, s. 5.2(b).)

What You Wear To Court Matters

www.kisslinglaw.com

I have been telling my clients this for years.  Below is a great review on what to wear to court and how it affect sentencing.

Does what a defendant wears to court impact his or her sentence?

We’ve written about dress and appearance a lot on this blog. Jeff wrote here about defendants wearing eyeglasses and dress clothes and covering up tattoos in front of a jury, and here about a judge’s authority to set rules about what people can wear to court. He talked about juror attire here. Shea tackled dress standards for lawyers—particularly women—here.

I’m not exactly breaking any news to say that appearances matter in the criminal justice system. For defendants. For lawyers. For probation officers (who have considered transitioning from business attire to a uniform, by the way). For everyone—just as in all walks of life, I suppose.

As for defendants, the due process and statutory rules about clothing at trial mostly relate to wearing jail or prison garb, and they’re focused on protecting the defendant’s right to a fair trial before a jury. See Estelle v. Williams, 425 U.S. 501, 504–05 (1976) (“Courts have, with few exceptions, determined that an accused should not be compelled to go to trial in prison or jail clothing because of the possible impairment of the presumption so basic to the adversary system. . . . Similarly troubling is the fact that compelling the accused to stand trial in jail garb operates usually against only those who cannot post bail prior to trial.”); G.S. 15-176 (“It shall be unlawful for any sheriff, jailer or other officer to require any person imprisoned in jail to appear in any court for trial [in superior court] dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian’s dress.”).

But the issue surely goes beyond the jury. Defendants’ dress and appearance before the judge at sentencing is something we talk about every year in our annual sentencing seminar at the School of Government (the one created and led by Jim Drennan for over 20 years). And every year, court officials acknowledge the ways defendants’ attire can affect their thinking—for better or for worse. Some of their reactions are straightforward, but some are really subtle. We talk about separating our pet peeves and preferences (some of which might stem from socioeconomic, generational, or cultural differences) from issues that convey information truly relevant to the purposes of sentencing.

Some general rules of thumb emerge. If the court has posted rules about attire, and the defendant doesn’t follow them, that’s bad. (I was just at a courthouse yesterday, and the most prominent signs on the courtroom door were those requiring shirts to be tucked in.) There is the occasional anecdote about a defendant wearing a t-shirt with a marijuana leaf to his drug crime sentencing. Those choices can be received as a signal that the defendant isn’t taking the proceedings seriously. And that can lead to a harsher sentence, to “get the defendant’s attention.” Some will say things like “dress like you’re going to church,” but most are very welcoming of defendants dressed like they’re going to work—whether it’s a business suit, medical scrubs, or a mechanic’s uniform. I’d be interested to hear any practical advice our readers have to offer.

WAIVING COURT COSTS V. DISMISSING CASES

www.kisslinglaw.com


I find the article below interesting.  It is about how the Durham, NC District Attorney is dismissing old cases for people so they can get their license reinstated.  I do not have a problem with what they are doing.  In fact, I think it is a good idea.  In contrast to their dismissing cases, the NC Legislature has made it virtually impossible for a judge to waive court costs or fees.  As a result, if you get a ticket and simply do not go to court for a few years and continue to accumulate Driving While License Revoked charges, eventually the DA will just dismiss everything and you pay nothing.  On the other hand, if you go to court and want to do the right thing but simply cannot pay the court costs due to your financial situation, the judge cannot do anything to help you.  It does not seem right that the judge who can ask you about your financial situation and offer to waive court costs in return for something like volunteer work cannot waive your court costs but years later, the DA can in effect waive the court costs by dismissing your case if you never show up in the first place.  To me, this process rewards the person who doesn't even try to be responsible and penalized the one who does.

DURHAM, N.C. (WNCN) - People living in Durham County are getting their licenses back with the new Durham County Driver License Restoration Program.
Durham’s District Attorney’s office has dismissed traffic charges for 500 people so that they can get their driver’s license back.
“Dismissing these cases is the right thing to do and that’s what our office is here for,” said Assistant District Attorney Josephine Davis.
She is working with the city to make it happen. According to the DMV, more than 1 million people in the state currently have their licenses revoked. A research study showed people who couldn’t drive in the county, found it harder to get to work.
“If we really want everyone in our community to be able to flourish — if we want individuals who have made mistakes in the past to be able to get back on the right path to be able to sustain themselves and support their families — having a driver’s license is one important is it that,” said Ryan Smith, the Innovation Team Project Manager for the City of Durham.
The DMV says more than 46,000 people in the county have their licenses revoked or suspended for either missing court or not paying fines.
“Is losing your license forever for failing to pay a speeding ticket too strict,” Smith asked. “I think it is.”
In the pilot phase of the program, 2,500 charges were dismissed for the people eligible. Those people have had their licenses revoked for at least a year and a half. Certain charges such as DWI’s and speeding a school zone will disqualify you from the program.
After applying, the DA’s office looks at your income and whether you’re able to pay your fines.
“Some of them have $500 fines, $1000 fines and so the question is, how can we help that group of the community,” said Davis. “Those are people that are poor, people of color people, who normally can’t afford it.”
Davis says this is a way to hold people accountable, as well as give them a clean slate.
“People have been punished because their licenses have been revoked,” she said. “There is no need for us to continue to punish people financially, having them come to court, they’ve already taken responsibility because they don’t have their driver’s license. We want to put people in a position to do the right things to drive legally.”
You can apply by simply texting your name and birth date to the designated number. Right now, the program is not accepting applications until it relaunches in the fall.
Leaders are scheduling meetings to get Wake and Orange counties involved in this program as well.

Copyright 2018 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

IMPAIRMENT AND ACCIDENTS

www.kisslinglaw.com

As I said earlier, my son was taking Drivers Ed.  One of the other things he told me he learned was that 50% of all accidents involved some type of impairment.  This number sounded high so I thought I would look into it.  Here is what I found.

Every day, 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver.¹ This is one death every 50 minutes.¹ The annual cost of alcohol-related crashes totals more than $44 billion.²
Thankfully, there are effective measures that can help prevent injuries and deaths from alcohol-impaired driving.

In 2016, 10,497 people died in alcohol-impaired driving crashes, accounting for 28% of all traffic-related deaths in the United States.¹

Of the 1,233 traffic deaths among children ages 0 to 14 years in 2016, 214 (17%) involved an alcohol-impaired driver.¹

In 2016, more than 1 million drivers were arrested for driving under the influence of alcohol or narcotics.³ That’s one percent of the 111 million self-reported episodes of alcohol-impaired driving among U.S. adults each year (figure below).

Drugs other than alcohol (legal and illegal) are involved in about 16% of motor vehicle crashes.⁴

Marijuana(https://www.cdc.gov/marijuana/faqs/what-is-marijuana.html) use is increasing and 13% of nighttime, weekend drivers have marijuana in their system.⁵

Marijuana users were about 25% more likely to be involved in a crash than drivers with no evidence of marijuana use, however other factors–such as age and gender–may account for the increased crash risk among marijuana users.⁴

Young people:

• At all levels of blood alcohol concentration (BAC), the risk of being involved in a crash is greater for young people than for older people.⁶
• Among drivers with BAC levels of 0.08% or higher involved in fatal crashes in 2016, nearly three in 10 were between 25 and 34 years of age (27%). The next two largest groups were ages 21 to 24 (26%) and 35 to 44 (22%).¹

Motorcyclists:

• Among motorcyclists killed in fatal crashes in 2016, 25% had BACs of 0.08% or greater.¹
• Motorcyclists ages 35-39 have the highest percentage of deaths with BACs of 0.08% or greater (38% in 2016).⁷

Drivers with prior driving while impaired (DWI) convictions:

• Drivers with a BAC of 0.08% or higher involved in fatal crashes were 4.5 times more likely to have a prior conviction for DWI than were drivers with no alcohol in their system. (9% and 2%, respectively).¹

What are the effects of blood alcohol concentration (BAC)?

Information in this table shows the blood alcohol concentration (BAC) level at which the effect usually is first observed.

Blood Alcohol Concentration (BAC)*	Typical Effects	Predictable Effects on Driving
.02% About 2 alcoholic drinks**	Some loss of judgment Relaxation Slight body warmth Altered mood	Decline in visual functions (rapid tracking of a moving target) Decline in ability to perform two tasks at the same time (divided attention)
.05% About 3 alcoholic drinks**	Exaggerated behavior May have loss of small-muscle control (e.g., focusing your eyes) Impaired judgment Usually good feeling Lowered alertness Release of inhibition	Reduced coordination Reduced ability to track moving objects Difficulty steering Reduced response to emergency driving situations
.08% About 4 alcoholic drinks**	Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing) Harder to detect danger Judgment, self-control, reasoning, and memory are impaired	Concentration Short-term memory loss Speed control Reduced information processing capability (e.g., signal detection, visual search) Impaired perception
.10% About 5 alcoholic drinks**	Clear deterioration of reaction time and control Slurred speech, poor coordination, and slowed thinking	Reduced ability to maintain lane position and brake appropriately
.15% About 7 alcoholic drinks** How can deaths and injuries from impaired driving be prevented? Effective measures include: Actively enforcing existing 0.08% BAC laws, minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21 years old in all states.4,8 Requiring ignition interlocks for all offenders, including first-time offenders.9 Using sobriety checkpoints.10 Putting health promotion efforts into practice that influence economic, organizational, policy, and school/community action.11,12 Using community-based approaches to alcohol control and DWI prevention.8,12,13 Requiring mandatory substance abuse assessment and treatment, if needed, for DWI offenders.14 Raising the unit price of alcohol by increasing taxes.15 What safety steps can individuals take? Whenever your social plans involve alcohol and/or drugs, make plans so that you don’t have to drive while impaired. For example: Before drinking, designate a non-drinking driver when with a group. Don’t let your friends drive impaired. If you have been drinking or using drugs, get a ride home, use a rideshare service or call a taxi. If you’re hosting a party where alcohol will be served, remind your guests to plan ahead and designate their sober driver; offer alcohol-free beverages, and make sure all guests leave with a sober driver. Thank you to the CDC for this information	Far less muscle control than normal Vomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol) Major loss of balance	Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing