Apr 5, 2013 | Car Accidents, Personal Injury, Uncategorized, Wrongful Death
According to traffic reports from Virgina and North Carolina, Easter weekend turned grim for over 100 people. Accordingly, there was dense fog on Interstate 77 near th
e boarder of Virginia and North Carolina. Many people had been travelling to see their families over the holiday weekend, and got caught up in the traffic.
Subsequently, as the traffic got worse, so did the fog that was consuming visibility for nearly 10 miles. Travellers were forced to slow down below the speed limit, which contributed to the congested traffic.
News reports specifically state that the 95-car pile up began around 1:00 p.m. on Easter Sunday that involved over 125 people. The weather was the ultimate source of the tremendous accident.
Accordingly, a thick fog essentially blanketed the south-bound lanes on Interstate 77, at the base of Fancy Gap Mountain. The location is a mere 6 miles from the North Carolina boarder. It is safe to assume that there were both Virginians and North Carolinians involved in the accident, and likely other state citizens as well.
The initial accident that led to this disaster only involved eight vehicles. Thereafter, 16 other accidents occurred. The cars just continued to pile up, one after another until there were 95 vehicles involved in the accident.
This is one of the three largest accidents that Interstate 77 has seen since it was initially graded.
The News reports that this specific stretch of the Interstate is notorious for it’s dense fog. Thus, it is not ironic that in 2010, this very same stretch of the interstate was bombarded with accidents when a similar incident occurred involving 75 vehicles. In that accident, many were injured but only two people lost their lives.
Similarly, in this exact same location in the year 2000, a 65 car-pileup occurred, resulting in two deaths as well.
Lastly, in the accident at bar, only three people were killed, but over 30 were injured. The injuries are both major and minor, as the EMTs had their hands full checking each and every car and victim. Some were rushed immediately to the nearest hospital, while others were just “checked out” and then sent home.
Interstate 77 was subsequently closed for the rest of the day and well into Monday morning.
It stands to reason that since there is nothing that can be done to prevent fog from clouding up driver’s visibility, drivers should take extra precaution when travelling this particular stretch. Always turn your lights on when visibility is low, and slow down if there is inclement weather. Use your blinkers and be respectful of other drivers on the road. Lastly, take into account that there are more drivers on the roadways during the holidays and thus, a greater chance for an accident to occur. Be smart. Be safe.
Any type of serious injury can bring harm to the victim and his/her loved ones. One may have an action to recover damages for injuries sustained during an accident. Contact the law offices of Reeves, Aiken, and Hightower,LLP to consult with one of our personal injury attorneys. Our personal injury attorneys understand the emotional and financial hardships facing persons injured in an accident and want to help you or someone you might know. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Apr 5, 2013 | Felony DUI, Uncategorized
Last week, the Durham police arrested a 31-year-old man who allegedly drove his vehicle into the back of Nissan driven by a 38-year-old man. This resulted in a crash, where the victim’s Nissan tumbled along I-40. The victim was pronounced dead on the scene.
The driver, who was left unscathed, was sent to Wake County Correctional Facility and charged with felony death by motor vehicle. His bail was set at $50,000. The victim hailed from Goodlettsville, Tennessee, and was driving home from a weekend comedy show. He is survived by his wife and daughter.
The worst is bound to happen when you decide to get behind the wheel of a vehicle after consumption of alcohol. Your impressions of the world around you are skewed, and decision making abilities are materially depreciated. Please, make plans for a designated driver when you know that you are going to be drinking. Your life, and the lives of those affected by such a decision can be forever altered.
If you or a loved one has been charged with DUI, or felony DUI call the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, call our Charlotte, North Carolina office at 704-499-9000. If you have been charged in South Carolina, call us at 803-548-4444, or toll-free at 877-374-5999.
Apr 5, 2013 | DUI & DWI, Uncategorized
In the North Carolina decision, Brower v. Killens, 122 N.C. App. 685, a driver who was accused of DWI, sought judicial review of revocation of his license by the DMV following arrest for driving while impaired. The North Carolina Superior Court in Guilford County found that the DMV was collaterally estopped (the issue at hand was precluded) from re-litigating the determination of whether there was probable cause to arrest that had been made in the criminal case against the driver. The DMV appealed, and the court of appeals held that because the DMV was in privity with the D.A., who prosecuted the criminal case for purposes of the probable cause determination, the collateral estoppel doctrine applied.
So, for the case at hand, Alexander Killens, the commissioner of the North Carolina Division of Motor Vehicles, appeals an order from the trial court finding the DMV was precluded from litigating the probable cause to arrest Stephen Brower again. The circumstances surrounding the case are that on February 10, 1994 Brower was stopped by an officer while traveling on the Interstate 40 in Guilford County. Thereafter, he was arrested for driving while impaired. The officer then recorded that Brower refused breath analysis.
Brower lost his license as a result of the arrest; he then requested, and received, an administrative hearing to contest the automatic license revocation. The revocation was upheld, and Brower thereafter instituted an action for de novo review (or “legal error” review). At trial, Brower challenged his arrest for lack of probable cause, and after a full hearing, the trial court, concluded that the Officer had insufficient probable cause. The trial court then suppressed the tainted evidence (the breathalyzer results) and granted a motion to dismiss.
Brower amended his complaint in the second case to assert collateral estoppel as an affirmative defense to the license revocation. The trial court thereafter found that the DMV will not be permitted to re-litigate the issue of whether or not the officer had probable cause to arrest Brower for driving while impaired. Finally, on appeal, the DMV contended that the trial court erred by: (1) concluding the DMV was collaterally estopped from re-litigating the probable cause issue; and (2) signing an invalid order.
The DMV argues that the Court’s decision in State v. O-Rourke, 114 N.C. App. 435, is dispositive. In O’Rourke, the court considered whether the State was collaterally estopped from introducing evidence of the defendant’s refusal to submit to a blood alcohol test because the DMV had previously concluded defendant did not willfully refuse the test. The factors the court focused on in this decision in determining whether the District Attorney, and the DMV were in privity (or parties in interest here) were: (1) that the criminal proceeding directed by the District Attorney and the civil licensing hearing protect different interests; and (2) the DA had no role in the administrative proceeding, and thus was not fully protected.
Subsequent to O’Rourke, the Supreme Court found that it was actually the people of North Carolina, rather than the DA’s, who are the real parties in interest in criminal proceedings. So, we remain bound. Therefore, the District Attorney is not collaterally estopped from re-litigating issues previously determined in license revocation proceedings.
However, the case at hand, Brower, does not implicate the same concerns of non-representation because the DA’s office was involved from the inception of the criminal case against Brower. So, here we are not bound by the shackles of O’Rourke.
In State v. Lewis, the State of North Carolina, through its New Bern Child Support Agency, filed a civil proceeding against defendant seeking indemnification for public assistance it rendered two of the defendant’s minor children. Defendant alleged he was not the father; however, was adjudicated the natural father in a prior criminal action. Therefore, the defendant here was estopped from denying paternity. In reaching its holding, the Lewis Court recognized the State instituted both the criminal and the civil proceedings; being more than a nominal party, pursuing the same interests in both cases.
In Killens, the state instituted both the criminal prosecution for driving while impaired and the civil license revocation hearing. The State represented the same interest in both actions that of the citizens of North Carolina in maintaining safe roadways. Further, the DA was also involved in the probable cause determination in this case. Therefore, the court in the current case, Brower, concludes that the DMV in case two is in privity with the State in case one. The holding of the trial court is affirmed; by collaterally estopping the DMV from re-litigating whether or not the Officer had probable cause to arrest Brower. The issue is moot.
The crux of this case was that the DMV was collaterally estopped from re-litigating the issue because the DMV and the DA were in privity with each other; and that because the DA already litigated the issue of probable cause, the matter was closed. DUI law is similar to the US Constitution, it is living and breathing. With new decisions, come new laws by the legislature. This is why it is so imperative to retain an attorney who keeps up to date on the evolving DUI law.
If you or someone close to you has been charged with DUI, call the law offices or Reeves, Aiken & Hightower, LLP. For a consultation, call us at our Charlotte, North Carolina office at 704-499-9000.
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Apr 4, 2013 | Assault and Battery, Burglary/Robbery/Larceny, Personal Injury, Uncategorized
Two men told police they were “set up” and “attacked” over the weekend at the Leslie-Mart in Rock Hill, according to a report from the York County Sheriff’s Office. 
One of the victims, a 47-year-old man from Rock Hill, was “bleeding profusely” when deputies arrived at the gas station around 9 p.m. Saturday, the report states.
He was attacked while sitting in his car, he told police. During a “scuffle,” the attacker “stepped on the gas and set the car in motion,” the report states.
Deputies subsequently found the car wrecked, 200 feet away from the gas station pumps, according to the report. The car had collided with a power pole. A 24-year-old witness to told deputies that he and the injured man were at the Leslie Mart to pick up a female friend who had a fight with her significant other. The friend, however, never showed up.
Police have charged a 24-year-old woman and a 25-year-old man with attempted armed robbery and criminal conspiracy in connection with the incident, the report states. The woman charged is the friend the witness was attempting to meet at the Lesslie Mart. The man and woman were arrested at the Leslie Inn, about 1,000 feet away from the gas station, the report states. They are each being held at the Moss Justice Detention Center on $19,000 bonds.
If you have been charged with a crime in South Carolina such as larceny, burglary, or robbery, call the law offices of Reeves, Aiken & Hightower, LLP. We have years of experience in defending those charged with criminal offenses, and would be happy to assist you. For a consultation, call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999
Apr 4, 2013 | Burglary/Robbery/Larceny, Criminal Defense, Uncategorized
Five men are accused of burglarizing a Rock Hill home Friday night and holding its residents at gunpoint, according to Rock Hill police.
Officers were called to the Cedar Grove Lane home after the burglars fled the scene around 9:44 p.m., said police spokesman.
The burglarized home is near Oakwood Acres Park, close to the intersection of Cherry Road and Mt. Gallant Road. The residents told police that five people entered their home and demanded money and other valuable items from the victims. The defendants then finished ransacking the home, and fled from the scene of the crime.
Rock Hill’s K-9 unit was able to track the intruders and subsequently arrested the five suspects for the home invasion.
Luckily, no one was injured during the incident.
Any criminal charge is a serious matter for anyone. If you or someone you know has criminal charges being brought against them, contact the law offices of Reeves, Aiken, and Hightower, LLP to consult with one of our criminal attorneys. Our criminal attorneys handle many types of criminal cases in North and South Carolina and want to help you or someone you know with his/her criminal charges. We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Apr 4, 2013 | Pedestrian Accidents, Personal Injury, Uncategorized, Wrongful Death
Police in Kannapolis say a wheelchair-bound woman was 
killed on Sunday night after being hit by a teen driving a sports car while she attempted to cross the street.
According to police, the accident happened at the intersection of North Cannon Boulevard and Solutions Works Drive around 6:30 p.m. Sunday night.
The woman was a 60-year-old resident of Britthaven of Kannapolis, an assisted living facility. Officers told WBTV that she died on the scene from her injuries.
No charges have been filed against the driver.
Officers say neither speed nor alcohol is suspected as contributors to this accident.
Losing a loved one is hard for any family. A wrongful death action can secure the compensation needed to family’s who have lost a loved one who intended to provide care for them. Contact the law offices of Reeves, Aiken, and Hightower, LLP to consult with one of our personal injury attorneys. Our personal injury attorneys also handle many types of personal injury cases in North and South Carolina. We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
e boarder of Virginia and North Carolina. Many people had been travelling to see their families over the holiday weekend, and got caught up in the traffic.
