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North Carolina Criminal Defense Attorneys
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Alleged drunk driver crashes, woman killed in wreck

A retired schoolteacher is dead and the other driver who caused the wreck is now behind bars following a fatal collision in Elizabeth City, North Carolina, last month.

The 30-year-old driver was driving with his four children in his minivan when he collided with a retired schoolteacher's pickup truck, causing it to roll over. She died at the scene of the crash on Body Road.

According to reports, the children -- all younger than 13 -- told police that their father had been drinking all day, was driving too fast and they knew a wreck was inevitable. He blew a .20 on the Breathalyzer test and admitted to drinking alcohol before the accident. Along with a charge of felony death by vehicle, he also faces child abuse and other charges from the Dec. 19 accident.

The Elizabeth City man will return to court on the child abuse allegations later this month and will be back in February to answer for the three additional felony charges associated with the case.

It is never a good idea to communicate with police who are investigating a crime in which they suspect you are involved. While the man in this case may have dug himself in deeper by his own admissions, it is likely that he could have been legally required to submit a blood alcohol sample regardless that would indicate that he had been drinking alcohol.

However, a person is within his or her rights in North Carolina and elsewhere to refuse to answer any questions and self-incriminate. If you are in a similar position, invoke your Fifth Amendment rights to remain silent and ask to speak to a criminal defense attorney.

Source: WTKR, "UPDATE: Elizabeth City man charged with drunk driving in fatal crash" Holly Henry and Nadeen Yanes, Jan. 06, 2015

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