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EPPERLY
& FOLLIS, P.C.
7 East Franklin Street
Richmond, VA 23219
1-888-703-0109
(804)
648-6480
depperly@lawyersva.com |
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Drunk Driving
Every 10 seconds, someone is the U.S. is involved in a car
accident, according to the National Highway Traffic Safety
Administration (NHTSA). These cases are typically governed
by the law of negligence. The law states, in general: People
who operate vehicles must exercise reasonable care under the
circumstances. A failure to use reasonable care is
considered negligence.
Driving while drunk is considered an act of negligence. It
is also the most common crime in the U.S. NHTSA reports that
alcohol-related motor vehicle crashes kill someone every 31
minutes, and non-fatally injure someone every two minutes.
According to the most recent statistics available from NHTSA
and the U.S. Department of Justice:
During 2005, 16,885 people in the U.S. died in
alcohol-related motor vehicle crashes, representing 39% of
all traffic-related deaths.
In 2005, nearly 1.4 million drivers were arrested for
driving under the influence of alcohol or narcotics.
Drugs other than alcohol (e.g., marijuana and cocaine) are
involved in about 18% of motor vehicle driver deaths. These
other drugs are generally used in combination with alcohol.
More than half of the 414 child passengers ages 14 and
younger who died in alcohol-related crashes during 2005 were
riding with the drinking driver.
In 2005, 48 children age 14 years and younger who were
killed as pedestrians or pedalcyclists were struck by
impaired drivers
In October 2000, Congress passed a law requiring all states
to adopt a limit of 0.08% blood alcohol content (BAC) by
2004. A person may be considered “legally drunk” and found
guilty of driving under the influence (DUI) or driving while
intoxicated (DWI) if his BAC level meets or exceeds that
limit. Some states have minimum legal drinking age laws, and
“zero tolerance” laws for drivers under 21 years of age.
Drunk drivers quickly learn that Virginia has some of the
strictest laws in the country. First-time offenders get
mandatory one-year license suspension. If the BAC is 0.15%
or higher, there is a mandatory five-day incarceration
period. A second offense within 10 years of the first
results in a three-year license suspension, with a mandatory
10-day period of incarceration. For first and second
offenses, the charges stay on the offenders’ driving records
for 11 years, and carry a six-point penalty. A third offense
within 10 years is considered a felony.
A collision involving a drunk driver often result in death
or serious injuries, including traumatic brain injury or
other brain damage; open head wounds; paralysis; spinal cord
injury; back injury; broken bones; loss of limbs, and
internal bleeding. In addition, there are lost wages, pain
and suffering, and medical expenses. The attorneys of
Epperly & Follis want to help you take action, so you
receive the fair compensation you deserve.
Contact Epperly & Follis for a free consultation today at
1-888-703-0109 or (804) 648-6480, or contact us via our
online Contact
Form.
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