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Passengers in cars may often face charges in North Carolina based upon allegations arising during a traffic stop. We have previously reported stories involving allegations of aiding and abetting charges under our state’s laws.

Drivers and passengers alike involved in a traffic stop may face other types of allegations. Generally, state criminal charges vary from state to state, but passengers can be charged with crimes during a traffic stop–depending upon the circumstances.

A recent celebrity story out of Georgia has made national news involving a passenger who is accused of disorderly conduct. Police claim that Reese Witherspoon acted out as officers investigated her husband for an alleged drunk driving offense. Law enforcement conducted a traffic stop early Friday, and ultimately took Jim Toth and his wife, Reese Witherspoon, into custody on criminal charges.

Authorities claim that Ms. Witherspoon refused to abide by the commands of law enforcement to remain in the car as officers investigated her husband on driving under the influence charges. Media has made much ado about statement’s Ms. Witherspoon made during the traffic stop, including allegations that she asked the officer if he knew her name. Police claim that the actress crossed the line in dealing with law enforcement, apparently by getting out of her vehicle and voicing her opinions during the police investigation.

Ultimately, Ms. Witherspoon was charged with disorderly conduct. Her husband was arrested on suspicion of DUI.

Ms. Witherspoon reportedly has publicly apologized for her alleged performance that night. The husband and wife had enjoyed dinner together prior to the traffic stop. Each will face separate charges in court.

Source: Huffington Post, “Reese Witherspoon Apologizes For Her Behavior: Actress ‘Deeply Embarrassed’ After Arrest,” Jonathan Drew, April 22, 2013

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

Last week, we discussed a traffic stop that resulted in more serious charges against a driver, based upon law enforcement’s allegations that arose during the investigatory stop. Law enforcement in Wilmington, North Carolina accuse a man of a slate of offenses based upon allegations arising before, during and after a traffic stop related to an alleged hit-and-run car accident.

Police in Wilmington, North Carolina arrested a man roughly one block away from the accident Friday. Authorities say that a witness reported that a moving vehicle had struck a parked car in Wilmington shortly before 10:15 Friday night.

Police say that the witness reported that the driver had fled the scene of the accident, and was driving without any headlights–even before the alleged wreck. An officer responding to the accident tip reportedly pulled over a 26-year-old Wilmington man roughly a block away from where the witness had reported the accident.

Law enforcement claims that the driver appeared to be impaired and refused to get out of his car when police commanded that he do so. Authorities say that the driver eventually got out of the car, but remained combative. Police say that the officer subdued the man and placed him in handcuffs, according to WWAY News Channel 3.

Law enforcement claims that the driver was put in a squad car, where authorities claim that he began kicking the back window of the cruiser. The man was transported to a hospital for medical clearance and subjected to a blood test. He was later booked into jail on suspicion of hit and run, driving while impaired, and a charge of hinder and delay.

Source: WWAY News Channel 3, “Police: Man arrested for DWI tried to kick out cruiser window,” April 15, 2013

• Our firm represents people accused of a crime in the Pitt County, North Carolina area. For more information on the firm, please visit the Greenville DWI defense page.

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

A North Carolina state trooper says that a Charlotte-Mecklenburg police officer was driving while impaired in Union County, North Carolina on New Year’s Eve. The trooper says that the off-duty cop was weaving while traveling in his Ford Explorer around 6:00 p.m. New Year’s Eve. The trooper conducted a traffic stop, which ultimately led to DWI charges against the 44-year-old man.

Few details about the trooper’s DWI investigation have been made public. State officials claim that the off-duty officer admitted to drinking that day. But the state patrol has declined to say whether or not the off-duty officer failed any field sobriety test or submitted a sample for alcohol testing in the alleged DWI investigation.

The Charlotte-Mecklenburg police say that the officer has been placed on administrative leave. The man is charged with several offenses in the aftermath of the traffic stop. Authorities accuse the man of DWI, operating a vehicle without insurance, expired registration, and driving left of center. The man’s driver’s license has also been revoked for 30 days, according to the Charlotte Observer.

Whenever law enforcement makes a DWI arrest of an officer, the story seems to make the news. It is important to note that people from all walks of life can face DWI charges. It is also important to remember that an arrest does not mean that a person is guilty of drunk driving.

A person accused of DWI has the right to challenge the allegations and the evidence in court. Mistakes are made in all walks of life. Law enforcement is not immune from making mistakes, and any chemical test used in alcohol testing may be subject to challenge for flaws.

Source: The Charlotte Observer, “CMPD officer charged with DWI on New Year’s Eve,” Cameron Steele and Cleve R. Wootson Jr., Jan. 3, 2013

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

A redshirt freshman quarterback for the South Carolina Gamecocks was arrested in Late June for underage drinking and driving in North Carolina. The college football program nearly immediately suspended Tanner McEvoy from activities. The suspension was automatic under a USC policy. Now Coach Steve Spurrier has lifted the suspension of the football player.

Coach Spurrier says that North Carolina’s law for underage drinking and driving was not a sufficient reason to suspend the football player. Spurrier lifted McEvoy’s suspension less than a week after the North Carolina underage DWI and speeding arrest.

Spurrier apparently recognized that North Carolina’s strict underage drinking and driving law has a zero tolerance for alcohol for driver’s under the age of 21, That is, any evidence of alcohol consumption, in any quantity, can be sufficient for law enforcement to bring underage DWI accusations in North Carolina.

The football player was arrested June 29 in Mecklenburg County for speeding and underage drinking and driving. Few details about the incident have been printed in the media. The football player was released on 0 bond shortly after his arrest.

McEvoy’s arrest came as players were gearing up for the start of fall practice. The quarterback did not play last year as a redshirt. He is currently listed as a fourth string quarterback with the Gamecocks. He will compete this year with two other players to back up starting quarterback Connor Shaw.

Students can often face consequences that fall outside the criminal justice system after receiving a ticket for underage drinking, or an arrest involving allegations of drunk driving. North Carolina law sets a zero tolerance level for alcohol for drivers under the age of 21. Many teens are surprised to learn that all charges filed against anyone 16 or older are filed in adult court. That means a conviction is placed on the defendant’s permanent adult record.

Sources:

• Atlanta Journal Constitution, “Spurrier lifts QB’s suspension after a few days,” Joel Provano, Aug. 6, 2012
• Midlands Connection, “Gamecocks backup QB McEvoy suspended after arrest,” July 31, 2012

• Our firm handles criminal defense, including in the areas of underage DUI and alcohol offenses in the Pitt County area. For more information, please visit the student offenses page.

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

This one doesn’t need much comment…except to say that what makes it unusual for a DUI case is the cops getting caught:

2 LAPD Officers Lied About Making Making DUI Arrest, Prosecutor Says

Los Angeles, CA.  July 26 —  Prosecutors charged two Los Angeles police officers Wednesday with perjury and filing a false report for allegedly lying about an arrest.

Craig Allen, 39, and Phillip Walters, 56, turned themselves in to authorities at the downtown criminal courthouse after arrest warrants were issued, said Deputy Dist. Atty. Renee Chang, of the Los Angeles County district attorney’s office’s Justice System Integrity Division, in a statement.

Allen and Walters, both motorcycle officers, were on patrol on Sept. 4, 2010, when they were dispatched to assist another officer who had stopped a suspected drunk driver, according the statement. They allegedly arrived at the scene 15 minutes later, but Allen stated in a written report that he had made the stop himself after watching the driver disregard two stop signs, the statement said.

Walters, who joined the LAPD in 1990, then allegedly testified months later at a hearing that he had been with Allen at the time of the traffic stop and had also observed the driver fail to stop.

It was not immediately clear how the officers were discovered or why it took nearly two years for charges to be filed…

I think it’s clear why…. 

 

DUI BLOG

A police officer from Wrightsville Beach, North Carolina, has resigned his position after being arrested on suspicion of driving while impaired. The former officer resigned last week, although the criminal case has not been resolved, and an internal investigation within the department has not been completed.

The 25-year-old former police officer was arrested earlier this month at a DWI checkpoint. Troopers with the North Carolina State Highway Patrol say that the driver was showing signs of impairment at the DWI checkpoint.

The off-duty cop reportedly blew a 0.08 percent alcohol level during a breath test. The sobriety checkpoint operation was set up in the area of Wrightsville Avenue and Arlie Roads on July 12 and 13. The off-duty officer was checked out at the sobriety checkpoint around 1:30 a.m. that Friday morning.

The accused officer was taken to the New Hanover County Jail after his DWI arrest. He reportedly posted ,000 bond and was released around 6:39 a.m. that same morning.

It is unclear from the media why the officer resigned his position. The officer had been with the department since 2010, and sources say that the officer was well respected in the department. The police chief says of the incident that, “it was just a moment of poor judgment on his part but as far as being a good police officer, he was one of the best we had.” The department had not completed its internal investigation, and no disciplinary action had been taken, according to media reports.

The story highlights how people from all walks of life can face DWI allegations in North Carolina. Obviously, DWI checkpoint operations have their own niche in DWI cases. Generally, law enforcement needs to have some kind of suspicion before being lawfully authorized to conduct a traffic stop.

DWI checkpoints have their own unique rules. It is important for anyone accused of DWI in North Carolina to consider speaking with an experienced DWI defense lawyer to learn what legal defenses may be available in an individual case.

Sources:

• Lumina News, “BREAKING NEWS: WBPD officer Davis resigns after DWI arrest,” Cole Dittmer, July 17, 2012
• Star News Online, “Wrightsville police officer resigns after DWI arrest,” F. T. Norton, July 17, 2012

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

The following facts are fairly typical of what happens in a disturbing number of DUI cases:  

Ohio: Federal Court Overturns Bogus DUI Arrest

Chillicothe, OH.  June 19 — A sober woman is fighting back after she was falsely arrested and imprisoned for driving under the influence of alcohol (DUI). The Sixth Circuit US Court of Appeals ruled last Wednesday that Catrena Green could proceed in her lawsuit against Ohio State Highway Patrol Trooper Adam B. Throckmorton after lab tests proved she had a blood alcohol content (BAC) level of 0.0 and no drugs in her system.

The three-judge panel overturned the decision of a US district court granting Throckmorton immunity for his actions in Chillicothe, Ohio in August 2008. He had seen Green’s SUV driving in the opposite direction with her high beams activated. Throckmorton made a U-Turn and pulled her over in stop recorded by a dashboard camera. Green explained she had her high beams on because it was difficult to see in the wet conditions and she was trying to be careful. She asked whether she had done anything else wrong.

"No, not really," Throckmorton said during the stop. "You just brighted me and blinded me."

Throckmorton then claimed that Green’s pupils were "constricted" and that she had difficulty getting out of her seatbelt. Though Green did not smell of alcohol or drugs, Throckmorton decided to perform field sobriety tests on her. He noted that she was unable to follow the swift motion of his pen in a horizontal-gaze nystagmus test that he spent twenty seconds administering. He noted that "she talked slowly" while repeating the letters of the alphabet beginning with "L" and ending in "S." She struggled to stand on one leg in the balance test. Green, who was 42 and overweight at the time, swayed slightly while performing the walk-and-turn test.

On the basis of those tests, Throckmorton arrested Green for DUI. She spent two days in jail while trying to meet bail with only a credit card. Green argues she was detained and tested without probable cause, in violation of the Fourth Amendment. She insisted that the lab tests proved the trooper was lying.

"We find her argument persuasive," Judge Ronald Lee Gilman wrote for the court. "What matters here, rather, is what mattered in Miller: that a subsequent test for drugs and alcohol showed that the driver was in fact sober. That evidence alone is sufficient to cast doubt on the truthfulness of Throckmorton’s testimony regarding Green’s pupils."

The court decided that a jury should decide whether there were specific and articulable facts, not just a hunch, justifying Green’s detention for the sobriety tests.

"We understand, of course, the difficulty inherent in making on-the-fly determinations regarding possible driving impairments, just as we recognize the severity of drunk driving and the potential consequences of an incorrect call had Green ultimately proven to be impaired," Judge Gilman wrote. "But this difficulty and these consequences always exist when an officer stops someone for a traffic violation. Yet officers do not have free rein to administer field sobriety tests to whomever they please and then to arrest that person for making the slightest misstep while performing the tests. Whether that is what happened in this case is a question for the jury."

So….no erratic driving….no slurred speech….no alcohol on the breath….no swaying or poor balance….no bloodshot eyes…no difficulty understanding directions.  But she used her bright lights, had trouble standing on one leg (42, overweight and nervous) and "failed" a nystagmus test which was clearly incorrectly given. Oh….and she had no alcohol or drugs in her body.

The only question here is:  Why did the lower court give this idiot a free pass?  Since when do cops have "immunity"?  

 

DUI BLOG

Concord, North Carolina based RAB Racing was indefinitely suspended NASCAR driver John Wes Townley after he was picked up for driving under the influence in another state. Reports indicate the DUI arrest, which is substantially similar to a North Carolina DWI charge, occurred after a car accident in Georgia.

Police claim that the 22-year-old knocked on a door at a residence near a car accident scene and a person from the home apparently called police. Authorities say that Townley was disoriented when he was found near the residence. However, authorities also claim that the NASCAR driver had recently been in a car accident.

News reports claim that Townley was taken to jail, while police located his 2012 BMW, which apparently was found nearby. Police claim the car ran off the roadway and struck a telephone pole. The NASCAR driver is facing drunk driving charges in relation to the allegations.

Townley has previous faced alcohol related charges. In February 2010, the man was cited for underage possession of alcohol during a race weekend in Las Vegas.

RAB Racing reportedly has made no public comments about the allegations, nor has the company outlined the scope of the suspension it has imposed, other than to say the company is still looking into the matter and gathering its own facts.

Pitt County DWI defense lawyers are aware that many people who face alcohol related allegations can experience collateral consequences outside of the legal system. It is important for people who are charged with a crime to consider speaking with an experienced defense attorney to learn what legal defenses may be available to help to protect against the effects of both the direct criminal consequences and any potential residual consequences a criminal conviction can have on future opportunities.

Source: Fox News, “TRUCKS: Townley Arrested In Georgia For DUI,” Feb. 10, 2012

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

A junior guard with the East Carolina University women’s basketball team was arrested early Sunday on suspicion of driving while impaired. The 20-year-old ECU student is facing several charges including reckless driving and the DWI charge after allegedly nearly colliding with a North Carolina Highway Patrol vehicle.

Police claim the ECU student had a blood alcohol level of 0.13 percent after she was stopped by police. Law enforcement says the woman was arrested for DWI after the incident and booked her into the Pitt County Detention Center on 0 bond. She was reportedly released from the detention center early Sunday morning.

DWI charges can often result in collateral consequences for many people in North Carolina. The ECU player reportedly has been suspended indefinitely from the team. However, the legal system does not operate that quickly.

Defendants charged with DWI, like defendants charged with any other crime, remain innocent until proven guilty. It is important for people who are facing criminal charges to consider speaking with an experienced criminal defense attorney after an arrest to learn what options may be available in an individual case.

Greenville DWI defense lawyers note that North Carolina law generally has two separate standards for bringing drunk-driving charges. The most commonly referenced standard is the 0.08 percent blood alcohol level that applies to drivers over the age of 21.

However, a second standard can apply to drivers who are under the age of 21.The underage DWI standard is not as formal as the more commonly known standard. North Carolina prosecutors can seek underage DWI charges based upon any evidence of alcohol in the driver’s system.

Source: WCTI News Channel 12, “ECU Basketball Player Arrested For DWI,” Jasmine Spencer, Jan. 2, 2012

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

The North Carolina Highway Patrol says a Randolph County deputy was arrested Sunday evening after being involved in an accident with a deer. Apparently the man ran into the deer on U.S. 220 around 8:20 p.m. Sunday evening. A trooper arrived at the accident scene sometime after the crash and says he smelled the odor of alcohol coming from the driver allegedly involved in the accident.

The man was taken into custody on suspicion of DWI and agreed to submit to a breath test. Law enforcement claims the man blew a breath test reading of 0.08 percent. The test result equals the exact blood alcohol reading where North Carolina law presumes impairment.

DWI charges in North Carolina can lead to harsh sentencing consequences. In addition to potential jail-time and fines, a driver may lose their privilege to drive. However, there can also be other consequences not directly related to the legal system. This blog has discussed the impact an underage DUI can have upon a college student’s future.

With an increase in background checks when seeking employment, more and more Americans are finding that criminal convictions can have an adverse affect on future job opportunities.

The Randolph County deputy resigned his position earlier this week after the DWI arrest. Before the DWI charges arose over the weekend, the deputy was assigned to patrol the Trinity area. The Trinity Mayor says the circumstances are unfortunate, but the city will move past the incident.

The former deputy is scheduled to appear in court on the DWI charges on Dec. 14.

Source: High Point Enterprise, “Randolph County deputy charged with DWI,” Nov. 4, 2011

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