Laura's Law Strengthens North Carolina DWI Punishment
As of December 1, 2011, tougher drunk driving penalties took effect in North Carolina, especially for repeat offenders.
December 30, 2011 /24-7PressRelease/ -- Laura's Law Strengthens North Carolina DWI Punishment
As of December 1, 2011, tougher drunk driving penalties took effect in North Carolina, especially for repeat offenders. "Laura's Law" is a legislative response to public outcry about the summer 2010 death of 17-year-old Gaston County resident Laura Fortenberry in an alcohol-related car accident.
Fortenberry was a passenger when a three-time DWIoffender crossed the center line while allegedly drunk, colliding head on with the car in which Fortenberry rode. The drunk driver was sentenced to second-degree murder for Fortenberry's death in the accident. Reportedly he could serve up to 28 years in confinement for the crime.
In simplified terms, North Carolina DWI penalties are determined in part by how many "grossly aggravating factors" were present in an accident. The more grossly aggravating factors, the higher the punishment level. Laura's Law added a third, tougher punishment level to the two already in place. This level -- "Aggravated Level One" -- applies when the court finds the presence of three or more grossly aggravating factors:
-Each DWI conviction in the last seven years equals one grossly aggravating factor
-Driving with a revoked license at the time of the accident equals one grossly aggravating factor
-Seriously injuring someone else in the crash equals one grossly aggravating factor
-Having a passenger under 16 at the time of the accident equals one grossly aggravating factor
Some of the ways the new Aggravated Level One punishment toughens the previous penalties are:
-Maximum fine increases from $4,000 to $10,000
-Minimum incarceration increases from 30 days to 12 months
-Maximum incarceration increases from 24 months to 36 months
For all punishment levels, the use of continuous alcohol ankle monitoring devices is increased. These ankle bracelets use a technology that can detect alcohol ingestion by skin analysis. Apparently the drunk driver that killed Fortenberry had had some success with sobriety using an ankle monitor, but at the time of the accident no longer was required to wear one.
If you are stopped on suspicion of drunk driving or have been charged, be sure to talk to an experienced criminal defense attorney as early in the process as possible to protect your rights and answer your questions about North Carolina drunk driving penalties.
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