Should the illegal blood-alcohol content level be lowered to .05?

Even moderate drinking before driving could become illegal if a federal safety panel's recommendation is enacted eventually by the states.

On May 14, 2013, the National Transportation Safety Board recommended that states cut their thresholds for drunken driving by more than a third — from a blood-alcohol content of .08 percent to .05 percent — in order to reduce highway fatalities.

A 180-pound man would reach 0.05 BAC by consuming three beers in one hour, according to a Wisconsin Department of Transportation online calculator.

The proposal, among others by the board, faces a long road before, if ever, becoming the law of the land.  It took more than 20 years for all the states to act after the NTSB recommended reducing the drunk driving threshold in 1982.

Lowering the blood-alcohol benchmark could reduce the annual drunken-driving death toll of nearly 10,000 lives by as much as 10 percent, the board said.

The NTSB's recommendation even drew lukewarm support from the national president of Mothers Against Drunk Driving, who said the effort would take too long and undercut more effective programs.

MADD President Jan Withers, an Upper Marlboro resident, said her organization's three-pronged campaign could save many more lives.  The plan is built around high-visibility law enforcement, ignition locks to prevent convicted drunken drivers from getting on the road and passive technology that measures the blood alcohol content of motorists.

"We want to save as many lives as possible as soon as possible," Withers said. "We respect the NTSB and its research, but it will take 15 to 20 years to change the laws in each state.  We're already moving forward on our campaign, and it will happen sooner than what the NTSB can accomplish."

"Most Americans think that we've solved the problem of impaired driving, but in fact, it's still a national epidemic," said NTSB Chairman Deborah A.P. Hersman in a statement. "On average, every hour one person is killed and 20 more are injured."

NTSB studies indicate that at 0.05, depth perception and other visual skills begin deteriorating in some drivers and the risk of having an accident jumps by 39 percent.

At 0.08 BAC, the risk of having an accident increases by more than 100 percent.

Most European and South American countries have set BAC levels at 0.05 for drunken-driving charges.

In 1982, the NTSB recommended that states reduce the drunken-driving limit from 0.10 BAC.  Utah became the first state to lower its limit the following year.

This is the beginning of a national discussion that will include the need for input from the general public.

NTSB Press Release

EIGHTH AMENDMENT

EIGHTH AMENDMENT

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

"No Texting" Law

In North Carolina it is unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:

(1)        Manually enter multiple letters or text in the device as a means of communicating with another person; or

(2)        Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.

Exceptions:

(1)        The operator of a vehicle that is lawfully parked or stopped.

(2)        Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.

(3)        The use of factory‑installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.

(4)        The use of voice operated technology.

Penalty:

Any violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($ 100.00) and the costs of court.

No drivers license points or insurance surcharge shall be assessed as a result of a violation of this section. 

NORTH CAROLINA MOTORCYCLE SAFETY FACTS

• Motorcycles represent about 2 percent of all registered vehicles in NC, but account for about 10 percent of all fatalities on our roads;
• As of September 1st of 2007, 63 % of all crashes involving motorcycles were single vehicle crashes (motorcycle only);
• Of those crashes involving other vehicles, over half (53%) were the fault of the motorcyclist;
• Of those motorcyclist at fault crashes 81% occurred when the rider crossed the centerline either while passing another vehicle or while negotiating a curve; 
• Of those other vehicle at fault crashes 57% were failure to yield right of way at an intersection and 43% were turning left across the motorcycles path;
• The majority (82.7%) of motorcycle fatal crashes occurred because of the fault of the motorcyclist.

Am I required to wear a helmet when riding a bicycle?

In North Carolina all riders under the age of 16 are required to wear protective headgear.  

In addition, the law places responsibility upon parents or legal guardians of the minors.

Here is the relevant statute (edited): 

§ 20‑171.9.  Requirements for helmet and restraining seat use.

With regard to any bicycle used on a public roadway, public bicycle path, or other public right‑of‑way:

(a)        It shall be unlawful for any parent or legal guardian of a person below the age of 16 to knowingly permit that person to operate or be a passenger on a bicycle unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet.

(b)        It shall be unlawful for any parent or legal guardian of a person below the age of 16 to knowingly permit that person to be a passenger on a bicycle unless all of the following conditions are met:

1. The person is able to maintain an erect, seated position on the bicycle.
2. Except as provided in subdivision (3) of this subsection, the person is properly seated alone on a saddle seat (as on a tandem bicycle).
3. With respect to any person who weighs less than 40 pounds, or is less than 40 inches in height, the person can be and is properly seated in and adequately secured to a restraining seat.

Violation of this section is an infraction in North Carolina.

An infraction is a noncriminal violation of law not punishable by imprisonment.  

Unless otherwise provided by law, the sanction for a person found responsible for an infraction is a penalty of not more than one hundred dollars ( $100.00).

The proceeds of penalties for infractions are payable to the county in which the infraction occurred for the use of the public schools.

In the case of a first conviction for violation of this law, the court may waive the fine upon receipt of satisfactory proof that the person responsible for the infraction has purchased or otherwise obtained, as appropriate, a protective bicycle helmet or a restraining seat, and uses and intends to use it whenever required under this section.

Accident .... but No Driver's License?

What happens when you are involved in an accident, it is not your fault, but you did not have a valid driver's license at the time?

 It is almost universally held that the mere failure to have a driver's license is not causally related to the occurrence of a collision and, in the absence of proof of insufficient skill or physical ability, it will not bar your recovery.  

In other words, even without a valid driver's license you will still be entitled to get compensation for your injuries and property damage, provided that you have not contributed to the collision.  

When Insurance Points are NOT charged following an accident

No insurance points following an accident will be charged when:​

• ​There is property damage only;
• The amount of damage is $ 1,800 or less;
• ​There is no conviction for a moving violation in connection with the accident; and
• No licensed operators in the household have convictions or at-fault accidents during the experience period (three years).