The Charlotte Mecklenburg Police Department has just released that three people were injured in a fiery crash early this morning in South Charlotte.
The accident was reported around 1:00 a.m. on the 15400 block of Johnston Road, near the Marvin Road intersection in Ballantyne by concerned citizens who witnessed the accident.
According to the reports, all three vehicles involved were travelling southbound at the time of the accident. The details of the accident are as follows: a 31-year-old Charlotte resident was driving his 2006 BMW at a “high rate of speed,” which would be referred to as “reckless driving,” in terms of his charges.
The defendant initially struck the back of a sedan, driven by another 31-year-old Charlotte resident. After that, the defendant moved into the other lane, and rear-ended another vehicle with great impact.After the defendant had slammed into two separate vehicles, his car finally caught on fire before he was able to escape. The police quickly came to his aid, and had to help the defendant out of his totaled vehicle before he was injured by the flames.
The defendant, along with the sedan driver in the first accident were taken to Carolinas Medical Center with injuries, but non-life threatening injuries. The driver of the second accident was taken to the same hospital, but was listed in “critical condition with life-threatening injuries.”
The31-year old defendant is being charged with a DWI and reckless driving as of now; however charges may follow after the investigation is complete.
The police state that alcohol and reckless driving were certainly the contributing factors to this three-vehicle accident. The fact that the man was driving while impaired, in conjunction with recklessly driving, will be considered an ” aggravating factor” in the defendant’s charge and conviction.
According to the North Carolina General Statute § 20-179(d) , “aggravating factors must be weighed in determining the defendant’s penalty.” These factors are upto the judge or jury in superior court, who shall determine ( prior to sentencing) whether any of the nine listed factors apply that may aggravate, or elevate, the defendant’s punshiment. N.C. Gen. Stat. § 20-179(d) (2012).
The two most prevelant aggravating factors that are used under the statute are: (1) gross impairment of the defendant’s faculties, meaning that his BAC level would register as a 0.15, which is almost twice as much as the legal limit, or (2) ” reckless or dangerous driving.” N.C. Gen. Stat. § 20-179(d) (2012).
In the aforementioned case, we do not have the defendant’s BAC level, but we do know that at least one aggravating factor will be added in the fact-finder’s determination, and in this case, that is the “reckless or dangerous driving.”
