UPDATE: One arrested after wreck on Oleander Drive in Wilmington

RAFAEL AVALOS ARRESTED FOR DWI AND FELONY SERIOUS INJURY IN TWO CAR WRECK

Rafael Avalos, age 36, was arrested and jailed for DWI and causing a serious accident on the 5700 block of Oleander Drive on Saturday night November 6, 2021 in Wilmington, NC.  The victim was trapped inside her vehicle and sustained serious injuries causing her to be transported via EMS to the hospital.  We sincerely hope that she is doing well and recovering quickly from her injuries.

Collisions with DWI drivers are often tragic.  A level One North Carolina DWI is punishable by a fine up to $4,000.00 and a minimum jail sentence of 30 days and a maximum of 24 months. A judge cannot suspend the minimum jail sentence. No parole. Aggravated Level 1 DWI: 12-36 months and up to $10,000.00 fine. Courts must consider a variety of factors, including previous DWI convictions on the defendant’s record, to choose an appropriate sentence and penalties.

• If a defendant is arrested for a pending DWI charge in violation of C.G.S. § 20-138.1, the criminal court would look back seven or ten years to add up offenses and increase the penalties.
• If a DWI arrest occurred within seven years of the first DWI conviction, it would be sentenced as a second offense; or
• If the defendant had three or more prior DWI convictions within the last 10 years, he/she would face a habitual impaired driving charge as defined in C.G.S. § 20-138.5.

DWI injury cases have a higher value than other injury cases because not only can you receive compensatory damages (medical bills, lost wages, and pain & suffering), but you can also receive punitive damages. Punitive damages represent money awarded in order to punish the defendant for egregious conduct that contributed to the collision.  Examples would include drunk driving, racing, intentional acts, and excessive speeding.  Our experience is that insurance adjusters usually underestimate the value of punitive damages cases. Kellum Law Firm attorneys are experts at determining the value of these cases and getting the most out of an insurance adjuster without leaving money on the table.

John T. Briggs – Attorney