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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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Two adults from the Whiteville, North Carolina area are facing charges for allegedly supplying alcohol to a minor. Authorities claim the 47-year-old and 51-year-old defendants were implicated in supplying alcohol to a 19-year-old Clarkton, North Carolina man who crashed his car May 3 on Shade Fisher Road south of Chadbourn, North Carolina.

A 21-year-old passenger was killed in the car accident. Authorities investigated the accident and initially accused the teenage driver with underage drunk driving. Over the summer, authorities upped the ante against the 19-year-old and added a charge of death by motor vehicle.

The two adults have been more recently brought into criminal court are each accused of aiding and abetting charges. The 47-year-old woman is accused of aiding and abetting underage possession and consumption of alcohol and a count of giving alcohol to a minor. The second defendant faces charges for aiding and abetting underage possession and consumption of alcohol.

Agents from the North Carolina Division of Alcohol Law Enforcement say that the two men involved in the May 3rd crash had attended a party at the home of the two adults who now face the aiding and abetting charges.

North Carolina law provides authorities with a wide variety of options in the state’s efforts to control underage drinking. Not only can teens face direct underage alcohol offenses, including underage drunk driving, but authorities can pursue a wide variety of aiding and abetting type charges. In addition, North Carolina has a zero tolerance policy when it comes to the amount of alcohol needed to pursue underage drinking or underage DUI charges.

This blog has previously reported that criminal charges for anyone over the age of 16 are brought in adult court in North Carolina.

Source: Fayette Observer, “Whiteville-area couple charged with serving alcohol to underage driver involved in fatal wreck,” Deuce Niven, Oct. 13, 2012

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Authorities say that a Burlington, North Carolina man was involved in a series of accidents Wednesday. Police say the man caused two car accidents, involving six cars around 3:30 Wednesday afternoon. The North Carolina Highway Patrol reportedly responded to the scene of the second accident in the area, and troopers quickly concluded that one of the drivers had been involved in the two separate accidents that occurred minutes apart.

No serious injuries were reported in either car accident. But troopers reportedly arrested a Burlington man on suspicion of a string of serious charges at the scene of the second crash. Law enforcement believes that the man was under the influence.

He faces charges for allegedly driving while impaired, driving while revoked, driving with an open container in his vehicle, and careless and reckless driving. In addition to those charges, troopers accuse the man of felony hit and run.

Law enforcement booked the 30-year-old man into the Alamance County Jail where he was held on ,400 bond. Officials claim that the man also had an outstanding warrant for failure to appear for prior DWI charges.

Car accidents occur all over North Carolina on any given day. News reports often indicate whether or not police suspect the involvement of alcohol or drugs in most car accident stories. Often, people infer that drugs or alcohol are involved. But an inference of impairment remains an allegation in the eyes of the courts, unless and until there is proof beyond a reasonable doubt.

The presumption of innocence is an important concept that cannot be overlooked. Even when tragedy is involved, a defendant is protected by specified constitutional rights. Those important rights serve as part of the very foundation of our country.

Source: WGHP Fox 8, “Police: Burlington man charged with DWI after causing 2 wrecks,” Ryan Sullivan, Oct. 5, 2012

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An underage North Carolina man faces serious charges after an alleged investigation into a report of an erratic driver. Law enforcement says that someone called around 3:00 Saturday afternoon claiming that a driver may be impaired. Officers responded to the area and say that they followed a car into a parking lot outside a Walmart store in western North Carolina.

Henderson Police say that the driver put his car into reverse while in the Walmart parking lot and rammed the car into the police patrol vehicle before driving off. Authorities claim the 20-year-old driver cruised to the rear of the Walmart store, where there apparently was no exit.

The young man was arrested and later booked into jail with bond set at ,000. The man faces a slate of North Carolina criminal charges, including DWI, inhaling toxic fumes, texting and driving and fleeing police. Authorities claim that the inhaling fumes charges relate to aerosol computer cleaner, although a story in the Spartanburg Herald Journal does not reveal what evidence of alleged huffing and texting that law enforcement is depending upon to support those charges.

Greenville underage drinking and DWI lawyers know that the legal issues surrounding telephone tips and traffic stops can be complex. An experienced DWI and alcohol offense lawyer can help anyone accused of criminal charges protect his or her rights in court.

While the recent allegations against a 20-year-old North Carolina man did not arise in Pitt County, North Carolina traffic stops can often escalate to include resisting arrest or fleeing charges in any part of the state.

Source: Spartanburg Herald Journal, “Police: NC man, 20, was drunk, texting, inhaling computer cleaner while driving,” July 8, 2012

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The North Carolina Highway Patrol claims that a 35-year-old Garner woman is facing DWI charges after she tried to ram her car into a Wake County nightclub Thursday. The woman reportedly drove off and was later taken into custody in Johnston County. Authorities say the woman is charged with driving while impaired and reckless driving, however, law enforcement claims further charges remain pending.

Sgt. Jeff Gordon, spokesman for the North Carolina Highway Patrol says law enforcement was alerted to an incident at a Wake County nightclub just after 2 a.m. Thursday. Workers at the nightclub reported that a woman parked in front of the bar and entered to order a drink. Because the employees believed the woman was intoxicated, they claim they refused to serve her.

The owner of the bar says the woman left the nightclub and then walked back in a short time later and threatened to “roll into the bar.” A short time later, the employees say the woman crashed her blue Honda Accord into a picnic table in front of the establishment. The picnic table reportedly knocked down a support column for a canopy in front of the bar. Two women sitting at the picnic table were not injured.

Workers at the bar say the woman then fled, hitting a car in the parking lot on her way out. Johnston County sheriff’s deputies received a report of a blue Honda Accord that had run off the road and landed in a ditch along NC 50. Law enforcement responded to the scene and took the 35-year-old Gaston woman into custody. Law enforcement claims the woman was belligerent and assaulted an emergency responder at the accident scene and a doctor at the Johnston Memorial Hospital.

The News and Observer reports the woman has faced DWI allegations previously in three separate North Carolina Counties dating back to 1999.

Source: News and Observer, “Garner woman tries to drive through bar,” Thomasi McDonald 7 Apr 2011

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