Showing posts with label DWI. Show all posts
Showing posts with label DWI. Show all posts

Friday, May 27, 2016

Fines and Court costs a barrier between court system and the poor



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Great article on how the Department of Justice is starting to crack down on courts and judges who are levying excessive court costs and fine that are becoming a barrier between the poor and the criminal justice system.

WASHINGTON — The Justice Department on Monday called on state judges across the country to root out unconstitutional policies that have locked poor people in a cycle of fines, debt and jail. It was the Obama administration’s latest effort to take its civil rights agenda to the states, which have become a frontier in the fight over the rights of the poor and the disabled, the transgender and the homeless.
In a letter to chief judges and court administrators, Vanita Gupta, the Justice Department’s top civil rights prosecutor, and Lisa Foster, who leads a program on court access, warned against operating courthouses as for-profit ventures. It chastised judges and court staff members for using arrest warrants as a way to collect fees. Such policies, the letter said, made it more likely that poor people would be arrested, jailed and fined anew — all for being unable to pay in the first place.
It is unusual for the Justice Department to write such a letter. It last did so in 2010, when the department told judges that they were obligated to provide translators for people who could not speak English. The letters do not have the force of law, but they declare the federal government’s position and put local officials on notice about its priorities.
Ms. Gupta said that in some cities, hefty fines served as a sort of bureaucratic cover charge for the right to seek justice. People cannot even start the process of defending themselves until they have settled their debts.
“This unconstitutional practice is often framed as a routine administrative matter,” Ms. Gupta wrote. “For example, a motorist who is arrested for driving with a suspended license may be told that the penalty for the citation is $300 and that a court date will be scheduled only upon the completion of a $300 payment.”
The letter echoes the conclusions of the Justice Department’s investigation of the Police Department and court in Ferguson, Mo. Investigators there concluded that the court was a moneymaking venture, not an independent branch of government. Ms. Gupta, who oversaw that investigation, has often cited Ferguson as a cautionary tale in her speeches, describing how fines for minor offenses like jaywalking pulled people into the criminal justice system and made it impossible to escape.
The Obama administration has used letters, both in and out of court, to help push the boundaries of civil rights law. In dozens of lawsuits around the country, many of which involved local disputes, the Justice Department has filed so-called statements of interest, throwing its weight behind private lawsuits. It has filed such statements in matters involving legal aid for the poor, transgender students, juvenile prisoners and people who take videos of police officers.
After the 2010 letter, the Justice Department opened investigations into the court systems in Colorado and North Carolina.
The department has broad authority to determine how the nation’s laws are enforced and, in many ways, how criminal defendants are treated in the nation’s 94 Federal District Courts. But most people interact only with the local or state courts, and that is where their impressions of the fairness of the American judicial system are formed.
Equal access to the courts is a constitutional right, and both Attorney General Loretta Lynch and her predecessor, Eric H. Holder Jr., made court treatment a priority. Ms. Lynch recently spoke in forceful terms about Ferguson, and has called for fairness in how courts set bail, levy fines and determine sentences.
“When bail is set unreasonably high, people are behind bars only because they are poor,” Ms. Lynch said at the White House in December. “Not because they’re a danger or a flight risk — only because they are poor. They don’t have money to get out of jail, and they certainly don’t have money to flee anywhere. Other people who do have the means can avoid the system, setting inequality in place from the beginning.”
The issue has helped forge alliances between liberal civil rights groups and conservative organizations. Grover Norquist, the conservative activist, spoke last year at a White House summit meeting on poverty and incarceration. The Institute for Justice, a libertarian organization, has brought lawsuits accusing cities of using court fines to raise revenue.
Ms. Gupta wrote in her letter that courts were obligated to consider whether defendants were able to pay their fines. And she discouraged judges from using license suspensions as a punishment for missed payments. Doing so, she wrote, made it harder for people to get to work and to court, and made it more likely that they would fall further behind in their payments or face new penalties for missing court appointments.
Some courts hire private contractors to run their probation departments, and Ms. Gupta raised concerns about agreements that allow those contractors to profit from discretionary fines that the companies themselves get to issue.
Along with the letter, the Justice Department announced on Monday that it would offer $2.5 million in grants to help courts change their policies on fines.

Friday, February 12, 2016

Distracted Driving

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Great article on Distracted Driving and what other states are doing about it as technology changes.  I believe there should be one law.  Pay attention while you are driving.  In addition to texting, it would include reading the paper, eating , putting on your mascara, having a little dog on your lap and yelling at your children.  Thanks to Shea Denning at the NC School of Government for her blog.

Everyone knows that it is unlawful to text while driving in North Carolina.  But what’s the legal status of all of the other distracting things people do with their phones?  Is it unlawful to take a selfie while driving? To post the selfie to Instagram? To look at a friend’s driving selfie on Instagram? To read another friend’s Facebook status update? To search the web for the latest weather forecast?


None of these actions is banned by the state law barring texting while driving. See G.S. 20-137.4A. Some may be prohibited by the statute that bars a person from viewing a computer while driving on the theory that using apps on a mobile phone renders the phone a computer. See G.S. 20-136.1. For the most part, however, the answers to the questions posed above are unclear. As a result, these types of behaviors seldom are addressed by law enforcement officers. Moreover, the fact that many of the hand manipulations that drivers perform on their phones may be lawful makes it harder for law enforcement officers to know when violations of existing state laws occur.
The Virginia plan. Legal ambiguities of this sort are not unique to North Carolina. Yesterday, a legislative panel in Virginia approved a bill aimed at clarifying similar questions under its laws. The Virginia bill amends that state’s existing law banning texting while driving to make it unlawful for a driver to “[m]anually select multiple icons or enter multiple letters or text in [a handheld personal communications device].” (Va. House Bill No. 461 (language added to current Va. Code § 46.2-1078.1 is italicized)). It also eliminates the requirement that the entry of icons or letters be done “as a means of communicating with another person.” The bill further amends existing law by making it unlawful for a driver to “[r]ead any information displayed on the device,” substituting the broader italicized language for “email or text message transmitted to the device or stored within.” Finally, the bill eliminates the exception from the ban for vehicles that are stopped but are not lawfully parked. The bill next will be considered by Virginia’s House Transportation Committee.
The numbers. One proponent of the amendments to Virginia law claimed that “[s]even out of 10 drivers text; 33 percent email; 28 percent browse the internet; 17 percent of people take a selfie; 14 percent post on Instagram and Twitter; 12 percent of people make videos; and 11 percent use Snapchat.” Those percentages are significantly higher than the National Highway Traffic Safety Administration’s report that 2.2 percent of drivers in 2014 text-messaged or visibly manipulated their hand-held devices. NHTSA’s report was based on observation of drivers who stopped at intersections controlled by stop signs or stoplights. The 2.2 percent reported by NHTSA was an increase from 2013, in which it estimated that the percentage of drivers text-messaging or visibly manipulating their phones was 1.7 percent. The rate of such activity was by drivers between ages 16 and 24 was higher: 4.8 percent.
Would broader laws make us safer? Regulating mobile phone use by drivers is a bit like regulating the sweepstakes industry. By the time one activity becomes unlawful, there’s another arguably lawful software application that is more appealing anyway. By way of example, NHTSA reports that drivers’ use of hand-held phones decreased from 6.2 percent in 2005 to 4.3 percent in 2014. While fourteen states ban hand-held phone use by drivers, the vast majority do not. I wonder whether the decrease in this activity has as much to do with hands-free in-vehicle technology and the declining use of phones as, well, phones, as it does with governmental regulation.
Plus, as long as vehicles are driven by humans there will be distractions. I remember my mother constantly filing her fingernails while driving me around as a kid. I’ve seen people driving while reading the newspaper (the old-school kind that is actually printed on a piece of paper). Drivers change radio stations and compact discs. They eat food (sometimes with utensils) while driving. I’m personally acquainted with a person who has applied mascara from behind the wheel. And, as regular blog readers know, I have driven on road trips with actual children in the car. Talk about distracting . . .
Yet there is a sense that the pervasiveness of visual and manual communication by electronic device surpasses these kinds of distractions. (NHTSA reports that 14 percent of all fatal distraction-affected crashes in 2013 involved the use of a mobile phone and 8 percent of all people injured in distraction-affected crashes in 2013 were involved in a crash involving mobile phone use.) The notification of a text message, a like, or a chat calls for immediate attention.  And, for many people, these kinds of alerts arrive every few seconds. To view the notification, the driver must look away from the road. To respond, he or she must look away even longer.
Back to the selfie. Not even the Virginia plan would bar a driver from taking a selfie, distracting as that activity may be. It would, however, bar the driver from posting the selfie on a social media if that action required “select[ing] multiple icons.” If North Carolina decides to get into the selfie-regulation business, I sure hope someone calls me. I want to be in the vanguard of codifying that term.


Monday, June 29, 2015

Wake County Underage Possession of Alcohol



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Great article on underage possession of alcohol.  One should note that it is against NC law for a parent to serve or provide alcohol to their minor children.

A minor in North Carolina may not purchase, possess, or consume alcohol with few exceptions (see below). (North Carolina Gen. Stat. Ann. Section 18B-302(b).) It is also illegal for anyone to sell or give alcohol to a minor; or to otherwise help a minor to obtain alcohol. (North Carolina Gen. Stat. Ann. Section 18B-302(a)(a1)&(c).)
A minor may not use fraudulent or altered identification (or someone else’s identification) to enter an establishment licensed to sell alcohol; or to induce the sale or service of alcohol. An adult is also prohibited from allowing a minor to use the adult’s identification to obtain alcohol. (North Carolina Gen. Stat. Ann. Section 18B-302(e)&(f).)
Aiding or abetting. Minors who illegally help another minor to obtain alcohol can be charged with a Class 2 misdemeanor. (North Carolina Gen. Stat. Ann. Section 18B-302(c)(1).) Adults who illegally assist a minor in obtaining alcohol-- including allowing the minor to use the adult’s driver’s license or other identification to obtain alcohol—can be charged with a Class 1 misdemeanor. (North Carolina Gen. Stat. Ann. Section 18B-302(c)(2)&(f).)
Purchase, possession, or consumption by a minor who is 19 or 20. This type of violation is a Class 3 misdemeanor. (North Carolina Gen. Stat. Ann. Section 18B-302(i).)

Exceptions to the Rule

North Carolina recognizes three exceptions to the general rule prohibiting minors from possessing or consuming alcohol.
  • Religious participation. A minor may possess and consume wine for sacramental purposes in an organized church. (North Carolina Gen. Stat. Ann. Section 18B-103(8).)
  • Employment. Minors may possess, transport, or dispense—but not consume—alcohol during the course of employment in an establishment licensed to sell alcohol. Such employment must also be lawful under North Carolina’s youth employment statutes. (North Carolina Gen. Stat. Ann. Section 18B-302(h).)
  • Education.  Minors may possess and consume alcohol under the direct supervision of an instructor, during the course of a licensed and accredited culinary program, when such consumption is a required part of the curriculum. (North Carolina Gen. Stat. Ann. Section 18B-103(11).)

Penalties

Minors who violate the laws against purchase, possession, or consumption; and adults who violate the law against giving alcohol to a minor or allowing a minor to use the adult’s identification to obtain alcohol, will face charges of a Class 1 misdemeanor, which carries the consequences described below.
Convicted offenders will also have their conviction reports sent to the Division of Motor Vehicles. The division will revoke the offender’s license for one year. (North Carolina Gen. Stat. Ann. Section 20-17.3.) If the offender’s license is already suspended, the one year revocation will begin when the current suspension ends.
Adult violators who gave alcohol to a minor or aided a minor in obtaining alcohol may be eligible for limited driving privileges. (North Carolina Gen. Stat. Ann. Section 20-17.3.) Check with your local court clerk to see if this privilege applies to your situation.

Misdemeanor Sentences

North Carolina punishes misdemeanants according to the level (Class) of the crime. Repeat offenders are subject to jail time (not shown).
  • Class 1: up to 45 days of “community punishment” (probation), plus the possibility of a fine, to be determined by the judge
  • Class 2: up to 30 days of community punishment, plus the possibility of a fine of up to $1,000
  • Class 3: up to 10 days of community punishment, plus the possibility of a fine of up to $200. (North Carolina Gen. Stat. Ann. Section 15A-1340.23.)

Selling Alcohol to a Minor

It is illegal in North Carolina to sell or give alcohol to a minor. However, the seller has a defense against having violated this law if:
  • the buyer provided state or federal photographic ID showing that the buyer was of legal age to make the purchase, or
  • the seller relies on other facts that reasonably indicated at the time of sale that the buyer was older than 21. (North Carolina Gen. Stat. Ann. Section 18B-302(d)(1)&(2).)

Alcohol Screening Tests

If a police officer has probable cause to believe that a minor has consumed alcohol, the officer may require the minor to submit to an alcohol screening test. Such a test may use only devices approved by the North Carolina Department of Health and Human Services. The results of this screen—or a refusal to take such a test—are admissible in court or administrative proceedings. (North Carolina Gen. Stat. Ann. Section 18B-302(j).)

Getting Legal Help

Because local procedures and attitudes towards the North Carolina minor in possession laws vary by community, it is a good idea to consult with a lawyer who is familiar with how these cases are handled in your area. This will give you a better chance of achieving the most favorable outcome under the unique circumstances of your case.


Tuesday, June 23, 2015

DWI Questions

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Here are some great DWI questions.  Thanks to Shea Denning of the NC School of Government for her blog.

  1. Defendant is sentenced on the same day for two DWIs. May the sentences run concurrently?

Yes. Contrary to popular belief, there is no requirement that sentences for misdemeanor impaired driving in violation of G.S. 20-138.1 run consecutively to one another. Indeed, if the judgment does not specify how the sentences are to be served, DWI sentences, like Structured Sentencing sentences, run concurrently.  G.S. 15A-1354(a).
Misdemeanor impaired driving convictions may not, however, be consolidated with one another for judgment. G.S. 20-179(f2). Thus, a separate judgment must be entered for each DWI conviction.  A misdemeanor DWI conviction may be consolidated with a conviction for an offense that carries greater punishment.  Id.
  1. Defendant is sentenced for DWI. How long may his period of probation be?

Five years. And no special findings are required to impose a sentence of that length. G.S. 15A-1342(a). This rule differs from the length-of-probation rules that apply to Structured Sentencing offenses, and which require special findings to impose longer or shorter periods of punishment.  Cf. 15A-1343.2(d).  No particular minimum period of probation is required, but probation imposed for a DWI must be long enough to allow the defendant to satisfy the minimum requirements for a suspended DWI sentence.
  1. Defendant is sentenced for Level A1 DWI. His sentence is suspended on condition that he serve 120 days imprisonment and that he abstain from alcohol for 120 days as monitored by a continuous alcohol monitoring system. May the defendant serve the 120 days on weekends?

Yes. A period of imprisonment imposed as a condition of “special probation” for any criminal offense may be served in nonconsecutive periods, such as on weekends. G.S. 15A-1351(a).  While all special probation confinement for Structured Sentencing convictions must be completed within two years, there is no such limitation on special probation for DWI sentences. DWI defendants must, however, serve this time in 48-hour increments—a requirement that does not apply to Structured Sentencing sentences.  G.S. 20-179(s).
An active term of imprisonment for misdemeanor DWI also may be served in nonconsecutive periods, but must, like periods of special probation, be served in 48-hour increments.  G.S. 20-179(s).
  1. Where are DWI sentences served?

In a jail or treatment facility. Beginning with sentences imposed January 1, 2015, all active sentences for misdemeanor DWI are served through the Statewide Misdemeanant Confinement Program. G.S. 15A-1352(f). Thus, defendants serving active terms of imprisonment will be imprisoned in a county jail, though it may not be the jail in the county of conviction. Imprisonment imposed as a condition of special probation for DWI must be served in a local confinement facility or a treatment facility designated by the judge. G.S. 15A-1351(a). G.S. 20-179(k1) permits a judge to order that a term of imprisonment imposed as a condition of special probation be served as an inpatient in a facility operated or licensed by the State for the treatment of alcoholism or substance abuse where the defendant has been accepted for admission or commitment as an inpatient.
  1. Does good time apply?

Yes . . . and no.  DWI defendants sentenced to active terms of imprisonment are awarded good time at the rate of one day deducted from their term of imprisonment for each day served without a violation of inmate rules. G.S. 148-13(b); Department of Public Safety, Prisons, Policy and Procedure, Chapter B, Section .0100. This credit is awarded regardless of where the sentence is served, G.S. 148-13(e), however good time may not reduce a defendant’s DWI sentence below the statutory mandatory minimum for his or her level of DWI, see G.S. 20-179(p). DWI defendants serving imprisonment as a condition of special probation receive no good time credit, see G.S. 148-13(f). Finally, no good time is awarded to reduce the term of imprisonment for a defendant serving a Level A1 DWI sentence, as discussed here.

Tuesday, October 7, 2014

Portable Breathalizer Test (PBT)


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For some time now, PBT test have not been admissible to determine if a person is driving while impaired in North Carolina.  The test is only allowed to be used to determine if the impairing substance is alcohol.  Below is a great article on what the test can be used for and what it cannot be used for in North Carolina.


The Old Portable Breath Test Ain’t What She Used to Be

Portable breath tests don’t go very far anymore in proving whether a suspect is impaired from alcohol.  That’s because the legislature amended G.S. 20-16.3(d) in 2006 to provide that the alcohol concentration results from such a test, termed an alcohol screening test by statute, are not admissible in court— not even for purposes of determining probable cause—and may not be relied upon by a law enforcement officer. An officer may rely upon, and a court may receive evidence of, whether the result from such a test was positive or negative. But since a positive result merely establishes the presence of alcohol, and driving after drinking by a person who is over 21 is not a crime, such evidence doesn’t add much proof of impairment.
The court of appeals applied this rule in two cases decided today:  State v. Overocker and State v. Townsend. In Overocker, the court concluded that evidence that a defendant smelled “faint[ly]” of alcohol, had consumed drinks at a bar, registered a positive result on a portable breath test and backed over a motorcycle in a parking lot that was parked illegally behind his sports utility vehicle were not sufficient to establish probable cause that the defendant was driving while impaired. In Townsend, the court determined that though the trial court erred in admitting the numerical results of the portable breath test at a pre-trial hearing on the defendant’s motion to suppress, other evidence was sufficient to establish probable cause that the defendant was driving while impaired, and the violation did not entitle the defendant to a new trial.
Somewhat oddly, the alcohol concentration results of a portable breath test are admissible for purposes of establishing probable cause in the one context in which evidence of a positive or negative result would be just as probative, namely to prove any of the several zero tolerance offenses under State law.  See G.S. 20-138.2A(b2), 20-138.2B(b2), 20-138.3(b2).  It is unclear why the General Assembly amended G.S. 20-16.3 to preclude reliance upon and admission of alcohol concentration results from portable breath testing instruments at pre-trial hearings for other offenses. The amendments were part of an Act that otherwise facilitated the State’s prosecution of impaired driving offenses and broadened the rules governing the admissibility of evidence by, for example, approving the admission of expert testimony regarding the result of a Horizontal Gaze Nystagmus (HGN) test when the test is administered by a person trained in HGN.  Presumably the reliability of portable breath test results was the General Assembly’s concern.  See, e.g.,  People v. Aliaj, 36 Misc. 3d 682, 693 (N.Y. Sup. Ct. 2012) (noting that “tests given in the field are prone to multiple possibilities for interference which may not exist at police stations” including varying lighting conditions, radio interference, temperature, and the location’s physical layout).
Former G.S. 20-16.3 (2005), like the current statute, required that tests be made on approved devices and in accordance with applicable regulations and permitted the admission of alcohol concentration results only for purposes of determining probable cause.  Other courts have considered those safeguards sufficient. See, e.g., Der v. Connolly, 666 F.3d 1120, 1131 (8th Cir. 2012) (noting that while a portable breath test lacks sufficient reliability to be admitted as substantive evidence, it is admissible to establish probable cause). North Carolina is not, however, alone in further limiting the use of such evidence.  See Greene v. Commonwealth, 244 S.W.3d 128, 134-35 (Ky. Ct. App. 2008) (concluding that though the results of a portable breath test are inadmissible to prove guilt or for sentencing purposes, the pass/fail result of a portable breath test is admissible for the limited purpose of establishing probable cause for an arrest at a hearing on a motion to suppress). Whatever the legislature’s reasoning, the limits exist and they unquestionably diminish the probable value of evidence from portable breath tests.
Overocker highlights the effect of this limitation. Though there was no dispute that the defendant in Overocker had consumed alcohol, he showed no outward signs of impairment and performed satisfactorily on field sobriety tests.  Indeed, he only came into contact with law enforcement officers because of a traffic accident that was not his fault.  Because of the rule in G.S. 20-16.3(d), no evidence appears in the record or was introduced in court of the alcohol concentration result that registered on the portable breath test. One might speculate, based on the officer’s subsequent arrest of the defendant, that the result approached a minimum level of 0.08.  If there was in fact such a result, and it had been admitted, one might have expected a different ruling from the trial court.  Under G.S. 20-16.3(d), however, the precise results were inadmissible, and the positive result revealed nothing that was not already known, i.e. that the defendant had consumed alcohol. Thus, there was no probable cause for the arrest.

Monday, September 29, 2014

What is the biggest danger to Teen Drivers?


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A local teen was recently charged with Vehicular Manslaughter as a result of turning left in front of a truck causing the death of a classmate who was in the car.  It is of great concern when negligent behavior is seen as criminal.  This young man was not impaired nor doing anything dangerous.  I hope the DA does the right thing and dismisses the charges on this.  A simple failure to see before turning should not result in  a young man going to jail.  He will have to live with this the rest of his life.  That should be enough.

Below are two articles concerning the issue.  One from Shea Denning and the other from WRAL

By Shea Denning
The fields of the Capital Area Soccer League were a sea of blue again last night.  Players of all ages shelved their regulation orange jerseys and wore blue—Laura Yost’s favorite color—instead. They wore blue last week too.  Last week’s blue was to support fellow soccer player Laura, who was hospitalized after she was critically injured in a car accident on her way to school.  Sadly, last night’s blue was to honor her memory.  Fifteen-year-old Laura died early Tuesday morning.
Laura, a sophomore at Panther Creek High School in Cary, rode in the back seat of her friend Spencer Saunders’ car last Tuesday.  Her older brother Ryan rode in the front passenger seat.  Spencer was turning left off of Highway 55 onto McCrimmon Parkway in Cary when a dump truck traveling in the other direction crashed into the passenger side of his vehicle.  Reports indicate that the accident was Spencer’s fault as he failed to yield to the oncoming dump truck when turning left as required by G.S. 20-155(b). No charges have yet been filed in the case, but police reportedly have talked to the district attorney about charging Spencer.
Failing to yield when turning left is an infraction, not a crime.  The maximum penalty is $100.  A person cited for this offense may pay a $35 fine and court costs and resolve the charge without having to appear in court.  But now that Laura has died, Spencer might be charged with a more serious offense—misdemeanor death by vehicle—a Class A1 misdemeanor, for which a first-time offender could receive up to 60 days imprisonment.  Because Spencer is 16, he may be charged with this crime and tried as an adult.
Anecdotally, I’ve heard district court judges say that misdemeanor death by vehicle is among the most difficult misdemeanor crimes to sentence. By its very definition, the crime involves a violation of any State traffic law or local traffic ordinance, other than impaired driving, that causes the death of another.  On one side of the scale, there often rests a defendant with no criminal intent. On the other, there is a lost life.  Sometimes the victim’s family views a harsh sentence as necessary to justice.  Sometimes the victim’s family sees the ends of justice differently.  I’ve never been a prosecutor, so I don’t know how much the initial charging decision is based on the wishes of family members.  In my time as an assistant federal public defender, I learned that there were rules of thumb about certain degrees of loss.  If a client was alleged to have fraudulently obtained money that exceeded a certain amount, pleas for reduced charges or deferred prosecution were rebuffed, regardless of the client’s youth, lack of criminal history, or other mitigating circumstances.  It may be the same for district attorneys when a life is lost as a result of traffic violations that otherwise would not even cross the threshold of criminal culpability.  But perhaps the lines are not so clearly drawn.
One might expect that regardless of what charges may come, Spencer Saunders already is suffering mightily. He has expressed profound remorse in posts to his Twitter account that have been reprinted in the news. Spencer is 16. He is an inexperienced driver. He made a mistake that turned out to be fatal for his friend. Should criminal charges follow?
The prospect of criminal charges against Spencer would be no different under the raise the age bill that passed the NC House last session.  While House Bill 725, if enacted, would have expanded juvenile jurisdiction to 17 year olds in its first year and 18 year olds in its second, it would have done so only for misdemeanors and infractions other than violations of the state’s motor vehicle laws.
Cary Police Lieutenant Steve Wilkins said that they were going to allow the “dust [to] settle” with the families before proceeding with any charges.  So we don’t yet know the State’s view of what justice requires in this tragic case.



— Texting and driving isn't the leading cause of distracted driving among teens.
It's other teens, according to the U.S. Centers for Disease Control and Prevention, which says motor vehicle crashes are the leading cause of death for those between ages 16 and 19.
"Cellphones get all the attention, but it's really teen passengers that pose the biggest potential distraction for teen drivers," Adam Goodwin, senior researcher at the University of North Carolina Highway Safety Research Center, said Thursday – two days after Panther Creek High School sophomore Laura Yost died from injuries she suffered in a recent wreck.
Cary police say the driver, 16-year-old Spencer Saunders, failed to yield to oncoming traffic – and although it's unclear what contributed to the wreck, Yost's death highlights adolescent driver-safety concerns.
Older drivers, researchers say, are more experienced and can anticipate problems behind the wheel. But a younger driver doesn't have the same skill to make the same driving decisions while being distracted.
Using in-vehicle cameras to observe driver and passenger behavior, the Highway Safety Research Center found that teens are six times more likely to be in a situation requiring an evasive maneuver to avoid a crash when passengers are loud. They're three times more likely when they are rambunctious.
"If you have multiple teens in a vehicle, teens are much more likely to be in a serious crash," Goodwin said. "It takes years of behind-the-wheel practice before you see the driving world in the same way an experienced driver does."
From 2003 to 2012, the number of fatalities among North Carolina drivers under the age of 20 decreased by 42 percent, according to the Highway Safety Research Center.
In 2012, for example, 170 drivers 20-years-old or younger were involved in a fatal crash – a decrease of 3 percent from 2011.
Researchers believe the state's graduated driver licensing system has played a big factor in the decrease.
The system – 42 other states have similar programs – imposes on teen drivers restrictions that are gradually lifted as young drivers gain experience behind the wheel.
For example, teens with a "limited provisional license" aren't allowed to drive between 9 p.m. and 5 a.m. without an experienced driver next to them. They're also limited to who can be in the car with them.
But highway safety researchers say that young drivers are still over-represented in crashes and fatalities.
In 2012, 16- to 20-year-olds made up 7 percent of North Carolina's population, but the age group represents 13 percent of all crashes and 9 percent of fatal crashes – most of which occurred near 7 a.m. and 3 p.m. – the same times teens are driving to and from school.