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Law enforcement reportedly set up a detail for traffic control over the weekend along U.S. 29 near the NASCAR Coca Cola 600 event in Concord, North Carolina. Law enforcement says that at least four troopers had lined their patrol cars along the median.

Officials claim that a man exited Interstate 485 carrying too much speed to navigate a turn at the top of the exit ramp from the interstate. That man is now accused of driving while impaired, reckless driving and child abuse.

Authorities say that the driver failed to properly navigate the turn and lost control of his Lexus after striking a concrete curb. Troopers claim that the Lexus crossed over U.S 29 and struck the four patrol cars lined along the median.

Police say that the driver smelled of alcohol, and the alleged car accident investigation was transformed into a DWI probe. State officials claim that the man later blew a 0.14 percent alcohol level in a breath test following the accident.

The North Carolina State Patrol arrested the man on suspicion of DWI. However, authorities claim that a 9-year-old child was restrained in the front seat of the Lexus at the time of the incident. Authorities are seeking an additional count in the criminal case against the man, alleging child abuse.

Many DWI allegations may have other types of offenses attached. Often, the court of public opinion may handle the additional allegations differently from how criminal charges are intended to be handled under of system of justice.

DWI defense lawyers generally look at the complete facts that may not reach the media in reviewing a criminal case. An important function of criminal defense is to preserve the integrity of our system of justice by helping individuals accused of a crime in protecting individual rights.

State officials say that two troopers suffered minor leg injuries during the incident while seeking to avoid the Lexus. Each of the troopers received treatment at an area hospital.

Source: WBTV, “Troopers say DWI driver crashes into four state vehicles,” Caroline DuPre, May 26, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

A North Carolina man is facing felony drunk driving charges after law enforcement says that the man fell asleep in his car in Belmont, North Carolina. Authorities claim that the Gastonia man was driving in Belmont around 2:00 in the morning Sunday and ran into the ditch. Law enforcement believes that the driver passed out in his car with the engine still in gear.

It is not clear from a news account in the Gaston Gazette how long the car allegedly remained in the ditch while the man slept. A Belmont Police officer claims that the driver smelled of alcohol when he was found sleeping behind the wheel. Authorities arrested the driver and claim that he blew a 0.15 percent alcohol level in a breath test at the Gaston County Jail.

The man faces several charges including habitual DWI, DWI and driving with a revoked license. He was jailed under a ,000 secured bond.

Generally, people charged with DWI in North Carolina can face harsh consequences for any level of offense. Our laws include a complex array of grossly aggravating, aggravating and mitigating factors that may be argued. A person’s prior record may come into play at any level. But, when a person is charged with habitual DWI, the law requires a mandatory minimum 12-month sentence be imposed upon any conviction. That mandatory minimum means that a suspended sentence with probation is not on the table, if a person is convicted.

We have recently discussed habitual DWI issues as lawmakers are considering changes to the habitual offender law. At the current time, a person may face a habitual DWI charge if the person has three prior DWI convictions within the past 10 years, but the threshold may be lowered to two priors by lawmakers, as we have discussed.

Source: Gaston Gazette, “Man charged with habitual DWI,” Diane Turbyfill, May 5, 2013

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Police say that a woman behind the wheel in a rollover crash in Gaston County, North Carolina was sober when the accident occurred. Law enforcement believes the woman was texting when the accident happened. However, authorities say that she was not the one in control of the steering wheel. Law enforcement says that her passenger was steering-and officials say that the passenger was under the influence of alcohol.

Authorities have charged the sober 19-year-old driver with aiding and abetting driving while impaired in the incident. She is also accused of allowing an unlicensed person to drive.

The allegations follow a single-vehicle wreck that was reported around 9:15 Thursday evening on U.S. 321 near Dallas, North Carolina. Police say that the pickup truck the two young women were traveling in left the road, struck a road sign and apparently rolled more than one time.

The female passenger was thrown from the pickup in the rollover. She suffered serious injuries and was taken to Gaston Memorial Hospital, where she was listed in Fair condition by Friday. Police believe that the passenger had been steering the truck when it wrecked. Police say that charges may be pending for the female passenger.

Meanwhile, the 19-year-old driver, a Lincolnton, North Carolina resident, was booked into the Gaston County Jail early Friday morning and was later released.

A first time aiding and abetting charge in North Carolina can lead to harsh consequences if a person is convicted. Typically, the consequences of an aiding and abetting DWI conviction can be very similar to a level 5 DWI offense.

Sources:

• WSOC TV, “Authorities: Teens were texting, drinking before serious crash,” March 29, 2013
• Gaston Gazette, “Police: Impaired passenger steers car, wrecks on highway,” Wade Allen, March 29, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

A spokesperson for the North Carolina Division of Alcohol Law Enforcement says that after the party is over, an alleged underage drinker may not be free from being charged later for an alleged alcohol offense. The ALE special agent made the statement as officials announced charges brought after an alleged Johnston County, North Carolina party last month. A 21-year-old was charged for allegedly buying 60 beers that were given to underage drinkers.

ALE officials say that an 18-year-old high school student was killed in a crash involving a driver who had allegedly attended the party. Police charged the 17-year-old accused of driving a truck that rolled over February 16 with felony death by vehicle, DWI and underage DUI after the wreck.

Thursday, ALE officials announced charges against the 21-year-old and a 16-year-old who is accused of hosting the underage drinking party. Police opened a probe into the party after the car accident, searching for names of other alleged attendees at the party.

Based upon that investigation, ALE agents say that about a dozen people will be facing underage alcohol charges. Some of the teens are also accused of possessing marijuana at the party. The special agent said in announcing the charges that, “Kids should know that even though the police don’t show up at the party they can still be charged.”

Underage drinking charges in North Carolina can bring long-lasting consequences for a person convicted of the charges. For anyone over the age of 16, charges are filed in adult court. Signing a ticket and paying a fine to get it over with, or otherwise simply pleading guilty to a charge, creates a criminal record. For high school kids, that means background checks for future jobs, college, joining the military, or other life events may turn up a criminal record.

Source: The Smithfield Herald, “12 people face alcohol-related charges after wreck that killed a Johnston County teen,” Thomasi McDonald, March 6, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

North Carolina state troopers arrested a high school principal from Hyde County over the weekend on suspicion of driving while impaired. Authorities claim that the Mattamuskeet High School principle was driving a school-owned vehicle when he was arrested.

State troopers claim that the man measured 0.11 percent blood alcohol concentration after he was taken into custody. North Carolina law presumes impairment for any driver who measures 0.08 percent BAC or more.

DWI defense lawyers in North Carolina know that a person accused of drunk driving remains innocent until proven guilty. This blog has previously discussed collateral issues that can flow if a person is convicted of an alcohol-related offense. The high school principal reportedly has taken leave from his role as principal while the school district completes an independent probe into the DWI allegations.

Troopers claim that the 57-year-old man crashed the school-owned car while traveling on U.S. 264. Authorities believe that the driver took a curve too fast and lost control after over-correcting on the curve.

The car struck a utility pole alongside U.S. 264 near Swan Quarter, North Carolina. Law enforcement says that the driver’s-side fender of the county-owned vehicle, a 2001 Ford Crown Victoria, was damaged in the car accident. The wreck was reported around 12:45 Saturday afternoon.

Troopers ultimately arrested the school principal for drunk driving. A court date on the DWI allegations is scheduled for March 6. Meanwhile, the high school official is out on annual leave. This is the man’s first year as principal of the school.

Sources:

• WITN, “High School Principal Taking Leave After DWI Arrest,” Feb. 5, 2013
• WXII, “NC principal charged with DWI in school vehicle,” Feb. 4, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

People accused of drunk driving with prior convictions for driving while impaired in North Carolina face stiffer consequences if charged with a repeat DWI offense. In 2011, the penalties for repeat DWI charges became more strict under a law commonly referred to as “Laura’s Law,” as this blog has previously discussed. Charges for alleged habitual drunk driving are a serious matter, and the penalties became more serious when Laura’s Law went into effect.

A North Carolina driver is accused of habitual impaired driving after officers responded to a report of a car accident last Friday in Wilson, North Carolina. The car accident was reported shortly before 4:15 in the afternoon. Wilson Police officers believe that the 48-year-old Bailey, North Carolina woman involved in the wreck was impaired. She was taken to an area hospital for medical treatment and authorities reportedly obtained a blood sample. Results of the blood test have not been released.

Authorities say that the Bailey woman has been convicted of three prior DWI offenses on her record. The oldest of the DWI offenses dates back to 2001, according to the Wilson Times. The woman was booked into jail in on ,000 secured bond. A charge of habitual DWI is considered a felony offense in North Carolina.

Generally, North Carolina law allows prosecutors to charge a driver with a habitual DWI offense based upon allegations that the driver has been convicted of three or more specified offenses involved with impaired driving within 10 years of the current DWI allegations. The DWI law says that a person convicted of habitual DWI must serve a mandatory minimum of at least one year. Other provisions extend to the vehicle involved in an alleged a habitual DWI offense and revocation of driving privileges in North Carolina.

When the stakes are raised by allegations of a repeat DWI offense, it becomes more important for a person accused of the offense to seek legal counsel to defend against the charges. A criminal defense lawyer can assess the procedures involved in the case, as well as the facts to help protect against possible government over reaching.

Source: Wilson Times, “Crash leads to habitual DWI charge,” Corey Friedman, Jan.28, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

A complaint to Manitoba’s election commissioner accuses the NDP of inventing a new job to hand former MLA Bonnie Korzeniowski upon her retirement from representing St. James.
Manitoba stories

Our drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a blood-alcohol concentration (BAC) of .08% while taking a breath test in a police station an hour or two after driving.

So how does the prosecution prove what the BAC was when the defendant was driving?

It’s a problem. You can try to guess what the BAC was in a DUI case by projecting backwards, using average alcohol absorption and elimination rates, but it’s only a very rough guess. The process is called retrograde extrapolation — a fancy name for trying to guess backwards.

The problem is that everyone has a different metabolism, and even a given person will metabolize alcohol at different rates depending on many variables. In one study, for example, researchers found a wide range of matabolism rates: some individuals can absorb alcohol and reach peak blood-alcohol levels ten times faster than others. Dubowski, “Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects”, Journal on Studies of Alcohol (July 1985).

As a result, scientists have concluded that the practice of estimating earlier BAC levels in DUI cases is highly inaccurate and should be discouraged. From the recognized expert in the field, Professor Kurt Dubowski of the University of Oklahoma:

It is unusual for enough reliable information to be available in a given case to permit a meaningful and fair value to be obtained by retrograde extrapolation. If attempted, it must be based on assumptions of uncertain validity, or the answer must be given in terms of a range of possible values so wide that it is rarely of any use. If retrograde extrapolation of a blood concentration is based on a breath analysis the difficulty is compounded.” 21(1) Journal of Forensic Sciences 9 (Jan. 1976).

So, Mr. Prosecutor, you’ve got a breathalyzer reading of .10% an hour or two after the driving and the scientists say you can’t accurately project that BAC back to the time of driving: if the blood-alcohol level was rising, it could have been a .07% or even lower. That kind of leaves you in a pickle. What do you do?

Simple: You just get the legislature to pass a law saying that the blood-alcohol when tested is the same as it was when driving.

What? But that’s not true: BAC constantly changes as alcohol is metabolized. How can we legally presume what we know is not true?

Well, yes, but we can never really know, can we? But it sure makes the prosecutor’s job easier, doesn’t it? Let the defendant try to prove what his BAC was an hour or two earlier.

That’s right: most states now have laws saying your BAC was the same 3 hours earlier — unless you can prove it wasn’t!  Typical is California’s law:

It is a rebuttable presumption that the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after the driving”. Vehicle Code sec. 23152(b).

Wait a minute….What about the State having the burden of proof — proof beyond a reasonable doubt? How can the law simply presume guilt and force the defendant to disprove it? What about the presumption of innocence?

No problem: we already legally presume a person is under the influence if he has a blood-alcohol level of .08% — whether, in fact, he is or not. And he has the burden of proving he was not under the influence.

Let’s not get hung up on details. The important thing here is that we get these drunk drivers off the road, isn’t it?
 

DUI BLOG

A recent story in the news out of Wilkesboro, North Carolina underscores how broadly the laws prohibiting driving while impaired may apply in the state. Most people understand that North Carolina’s DWI laws apply to cars, motorcycles, trucks and other types of motor vehicles that are traditionally recognized as motor vehicles. From time-to-time, a story about DWI charges in the state may involve a different type of “vehicle.”

Authorities in Wilkesboro reported to the scene of a moped accident near Wilkes Community College recently to find a person witnesses say was riding a moped up and down the street for about 30 minutes before crashing the moped. Law enforcement says that the Wilkesboro man was unsteady on his feet after the moped wreck. However, authorities also say that the man smelled of alcohol and apparently decided to investigate the accident victim for a possible DWI offense.

Officials say that officers had to assist the accident victim in walking to the patrol car, where police apparently asked the man to submit to a roadside alcohol sensor test. Police claim the roadside test registered a 0.33 percent alcohol level. Police say that the man admitted to drinking four glasses of Vodka that day. Police also claim that the man had a small, airline-style bottle of Vodka with him that law enforcement discovered during a search.

The man has been charged with DWI for allegedly driving drunk on a moped along Collegiate Drive in Wilkesboro. Authorities claim that the man has three prior DWI convictions on his record.

This blog has previously discussed a variety of DWI allegations involving conveyances other than traditional cars. While the DWI law may apply to a variety of different vehicles, it is important to note that criminal charges do not equate to a finding of guilt.

Generally, criminal defense lawyers not only review the facts underlying a criminal charge, but the law itself to help ensure that the government does not overstep its authority in seeking to enforce the laws. While mopeds and other forms of vehicles may be within the scope of the DWI laws, it is important for people accused of DWI to speak to a DWI defense lawyer to learn what defenses may be available in a specific set of circumstances.

Source: WMFY News 2, “Man Crashes Moped Charged With DWI In Wilkesboro,” Jan. 10, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Two North Carolina men are facing charges for allegedly driving while impaired after an accident between an all terrain vehicle and a Ford sedan left one person dead early Tuesday morning. The North Carolina Highway Patrol says that the accident occurred shortly after 12:30 a.m. on New Year’s Day.

Authorities believe that a 39-year-old Fairmont, North Carolina man was driving an ATV on a road about two miles northwest of Lumberton, North Carolina. Troopers claim that the taillights on the ATV were not working. Law enforcement says that a 25-year-old Fairmont resident was riding as a passenger on the ATV.

Police believe that the ATV was traveling about 35 miles per hour when a 52-year-old Lumberton resident approached the ATV from behind traveling about 60 miles per hour. The Ford reportedly slammed into the ATV, pushing the recreational vehicle across lanes before the ATV rolled into the ditch. Both the driver and passenger of the recreational vehicle were thrown from the ATV.

The ATV passenger was killed in the Robeson County, North Carolina accident. The driver suffered injuries and was taken to an area hospital for treatment. Law enforcement says that the driver of the Ford was also transported to the hospital, although it is unclear whether the driver of the car suffered any injuries.

Law enforcement says that the driver of the car tested 0.07 percent blood alcohol concentration after the wreck. A police report released to the media did not indicate whether authorities have a blood alcohol measurement from the ATV driver, according to the Robesonian.

North Carolina state troopers believe that both drivers were impaired at the time of the fatal crash. Both men are accused of DWI, but authorities say that additional charges remain pending.

Generally, most North Carolina drivers may be aware that the legal limit to drive in the state is set a 0.08 percent BAC. However, North Carolina law allows two different avenues for bringing DWI charges against drivers. The 0.08 percent BAC threshold (or 0.04 percent for people who hold a commercial driver’s license) is the level where the law presumes impairment, often referred to as the per se DWI level. The law allows law enforcement to suspect impairment at readings below the per se level, based upon other observations and evidence of alleged impairment.

Sources:

• The Robesonian, “Alcohol cited in deadly accident,” Jan. 2, 2013
• The Fayetteville Observer, “One dead, two drivers charged with DWI in fatal crash in Robeson County,” Nancy McCleary, Jan. 3, 2013

• Our firm provides criminal defense for drivers accused of alcohol-related offenses or DWI charges in the Pitt County, North Carolina area. For more information on the firm, please visit the Greenville DWI and drug defense lawyer page.

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm