https://abc11.com/amp/post/joan-drake-sons-pleads-stiffer-penalties-super-speeders-mom-killed-collision-driver-charged-misdemeanor/16679802/

Woman killed by driver going 98mph in a 55mph zone. Driver received 18 months probation. 

Petition Summary:

We are calling on North Carolina lawmakers to pass legislation that ensures true accountability for drivers who kill others through excessive speeding and reckless driving. Right now, the law allows these drivers to walk away with a misdemeanor — even when their actions take a life. That must change

On June 26, 2023, our mother, Joan Drake, was killed in Clayton, North Carolina, by a driver going at least 98 miles per hour in a 55 mph zone.

The crash was not just tragic — it was violent, reckless, and entirely preventable. The force of the impact was so extreme that it internally decapitated her. She died instantly.

And yet, the driver responsible received only 18 months of probation. No jail time. No felony conviction. He will be legally allowed to drive again in a year.

This is because North Carolina law treats most fatal crashes caused by speeding as misdemeanors — unless the driver is impaired or has a prior history of reckless driving. In my mom’s case, the driver was 17, so he had no record. And although NC law (G.S. 20-139.1(b5)) mandates blood testing in these cases, Clayton Police never performed one — even though he was hospitalized after the crash. That means impairment could never be proven.

This is not justice. This is a failure.

We are demanding legislative change, including:

✅ A new felony category for fatal crashes involving drivers speeding more than 25 mph over the limit

✅ Mandatory blood testing for all fatal crash drivers, with consequences if law enforcement fails to act

✅ Automatic license revocation in fatal reckless driving cases

✅ Expanded definitions of reckless driving to include extreme speeding in populated or high-risk areas

Purpose:

To create felony penalties for drivers whose extreme speeding or reckless behavior results in the death of another person, and to close legal loopholes that currently allow fatal reckless driving incidents to be charged as misdemeanors.

SECTION 1. Joan’s Law

 

This act shall be known as “Joan’s Law.”

SECTION 2. Legislative Findings

The General Assembly of North Carolina finds that:

Current traffic statutes do not adequately hold drivers accountable when extreme reckless driving causes death.
Fatalities caused by excessive speeding, even above 40 miles per hour over the posted limit, may be prosecuted only as misdemeanors under current law unless the driver is impaired or has a prior record.
This has resulted in cases — such as the death of Joan Drake in Clayton, NC — where a life was taken and the responsible driver received minimal punishment.
Reckless drivers who take lives must face consequences proportionate to the harm caused.

SECTION 3. Amendment to NCGS § 20-141.4 – Felony Death by Vehicle

Amend § 20-141.4 as follows:

Add subsection (a1):

(a1) Felony Death by Vehicle – Aggravated Speeding Clause.

A person commits the offense of Felony Death by Vehicle if:

(1) The person unintentionally causes the death of another person while engaged in the act of operating a motor vehicle,

(2) The person was operating the vehicle at 25 miles per hour or more above the posted speed limit, or at 85 miles per hour or more in any zone, and

(3) The person’s driving behavior meets the statutory definition of “reckless driving” under G.S. 20-140.

This offense shall be classified as a Class E felony.

SECTION 4. Mandatory Toxicology Screening in Fatal Crashes

Amend NCGS § 20-139.1(b5) to require:

In all motor vehicle collisions involving a fatality, law enforcement officers shall obtain a blood sample from the driver(s) involved within 2 hours of the incident, provided the driver is medically stable for such a test.

Failure to comply without clear justification shall result in administrative review by the North Carolina State Bureau of Investigation and potential departmental sanctions.

SECTION 5. Automatic License Revocation in Fatal Reckless Driving Cases

Add to § 20-17 – Mandatory revocation of license:

Any person charged with Felony Death by Vehicle under the new § 20-141.4(a1) shall have their driver’s license immediately suspended pending outcome of the case.

Upon conviction, the license shall be revoked for no less than 5 years.

SECTION 6. Public Notification and Data Tracking

The North Carolina Department of Transportation shall create and maintain an annual public report listing charges, outcomes, and sentencing related to all fatal crashes involving drivers traveling more than 25 mph over the speed limit.