Daisley Law Offices, P.C.

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NC's "per se" drugged driving law for young drivers

As many residents of Charlotte understand, driving under the influence of illegal (or even prescribed) drugs can be just as dangerous as drunk driving. And the combination of a relatively small amount of alcohol with  those drugs can create a drunken effect that would make any Mecklenburg or North Carolina driver prone to serious injury from an injury caused by an accident with a "drugged driver."

A few states have what are called "per se" laws when it comes to drugged driving. In these states, if a person has a certain minimum -- or, in some states, any! -- amount of drugs in his or system, he or she can be charged with "drugged driving," even if his or her driving was not particularly abnormal or dangerous.

North Carolina is not one of these states but has a similar law in place for drivers under the age of 21. A young driver cannot have any trace of any illegal drug in his or her system while driving, nor can he or she have a legal drug available by prescription unless he or she indeed does have a prescription for that drug.

This information is important to have because, when a North Carolina driver is found to have violated the law, it makes much easier for an injured driver to sue for negligence. The incidents of drug driving are on the rise throughout the country, and it is still generally true that teens and young adults tend to be involved in more accidents.

Therefore, drunk driving injury lawyers like the ones in our office are attuned to drug test results, particularly when a driver was under 21. Of course, an injured victim still has to prove the drugged driving caused the accident in some way, but knowing how North Carolina law works is essential to helping victims get the compensation they deserve.

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  • North Carolina Advocates for Justice Protecting People’s rights
  • NOSSCR National Organization of Social Security Claimants’ Representatives
  • American Association for Justice formerly the Association of Trial Lawyers of America ATLA
  • ABA American Bar Association
  • NOVA
  • North Carolina State Bar
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