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The federal government released a study late last year that says nearly one-third of Americans under the age of 23 have been arrested at least once in their lifetime. Many people face criminal charges while attending college for underage alcohol offenses and related issues.

Greenville student offense lawyers know that enforcement of North Carolina underage drinking laws around East Carolina University (ECU) and Pitt Community college can be fierce. Alcohol and drug-related crimes can also often be associated with other charges, such as minor assaults, resisting arrest or fake id crimes in North Carolina. The recent federal survey was conducted was look into what exposure to the criminal justice system America’s youth have experienced in recent years.

Many people have commented that the large percentage of America’s youth that have had contact with the criminal justice system in recent years does not reflect a change in behavior among students, but is more reflective of increased police crackdowns on student offenses across the country.

The newly released data was derived from a research that began in 1996 and was updated annually since its inception. The researchers initially interviewed a group of 12 to 16 year old people in 1997. The researchers say that the results show that 30.2 percent of teens and early 20-somethings have been arrested by the age of 23. A similar study released in 1965 set the percentage at 22 percent of Americans under the age of 23.

The lead author of the study hails from the University of North Carolina, Charlotte. He says that arrests of young Americans come in context– that other issues may be going on outside the legal allegations that may have influenced the alleged conduct.

A deputy police chief in a college town along the eastern seaboard says that students are acting more responsibly today than they have throughout his 25 year career. Many commentators have said that police crackdowns and zero-tolerance policies across the country have lead to the rise in arrests among America’s youth.

However, students arrested for an offense can see adverse consequences that reach outside of the criminal justice system, as this blog has previously discussed. Students can see adverse consequences at school and in the job market in the future if an arrest leads to a conviction.

Students facing charges, including underage drinking tickets should consider speaking with an experienced Pitt County criminal defense attorney to learn what defenses and legal options may be available in an individual situation.

Source: The Massachusetts Daily Collegian, “Study finds increased number of under-23 arrests,” Steffi Porter, Feb. 2, 2012

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An off-duty Fayetteville police officer was arrested at his home earlier this month on suspicion of driving while impaired and other offenses. Police claim the 25-year-old man was involved in a single car accident that apparently disabled his vehicle. Police believe the off-duty cop crashed his personal vehicle into a guardrail while driving drunk.

Law enforcement say the off-duty officer called a tow truck and had the vehicle removed and that was not reported to police. Police claim the man then called a friend for a ride home.

Apparently the friend notified police of the alleged DWI offense. Law enforcement says they went to the off-duty officer’s home and took the man into custody. The man was taken to the Cumberland County Detention Center, where police say the man provided an alcohol test showing a blood alcohol level of 0.12 percent. North Carolina law presumes impairment for adult drivers who test at 0.08 percent or greater.

The man is accused of DWI, misdemeanor hit-and-run and reckless driving based upon the allegations. After his arrest, the man was released on a promise to appear in court. News reports do not indicate whether a court date has yet been scheduled.

News reports do not indicate whether or not the officer was alone at home before the DWI arrest. It is also unclear who the person was who notified police of the alleged incident.

The Fayetteville Police Department placed the accused man on unpaid administrative leave due to the incident. The accused apparently has been with the department for a year-and-a-half.

Source: WRAL, “Fayetteville police officer charged with DWI,” Jan. 6, 2012

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People who regularly follow this blog are aware that many different events can trigger an investigation in driving while impaired charges. Often law enforcement begins an inquiry after a routine traffic stop for a minor infraction that is expanded during the course of the traffic stop. Other DWI charges can follow a car accident.

Police say an ex-Carolina Panther was involved in a traffic accident Saturday evening. In the end, Charlotte-Mecklenburg police arrested the former pro football player on serious DWI charges.

Police responded to a report that a truck had run into a mailbox along a road in north Charlotte. Police say the accident caused roughly ,000 damage to the north Charlotte homeowner’s property and as much as ,000 to the truck.

While investigating the circumstances surrounding the accident, Charlotte police say they requested that the driver perform field sobriety tests. Apparently, police believe the driver did not perform the field sobriety test to their satisfaction and arrested the former pro on suspicion of DWI.

People from all walks of life may at some time in their lives face serious DWI charges. Not all DWI cases make the news. However, all people accused of a crime in North Carolina have the right to defend against the charges in court.

It is important for anyone facing criminal charges to consider speaking with an experienced Pitt County DWI defense and criminal defense attorney before heading to court. Issues in the police investigation or potential gaps in the state’s case can often make a significant difference in the outcome of a proceeding.

Defendants also have the right to take the state’s evidence before a jury in a criminal case. The prosecutor has the burden of proof in that trial, while a defendant retains the right to present any available defense.

Source: Charlotte Observer, “Ex-Panther Burton charged with DWI,” Jan. 17, 2012

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I don’t even know where to start with this one….

Man Spends 2 Years in Solitary After DWI Arrest


Dona Ana County, NM.  Jan. 25 – A New Mexico man who said he was forced to pull his own tooth while in solitary confinement because he was denied access to a dentist has been awarded million due to inhumane treatment by New Mexico’s Dona Ana County Jail.

Stephen Slevin was arrested in August of 2005 for driving while intoxicated, then thrown in jail for two years. He was in solitary at Dona Ana County Jail for his entire sentence and basically forgotten about and never given a trial, he told NBC station KOB.com Tuesday night.

"[Jail guards were] walking by me every day, watching me deteriorate," Slevin said. "Day after day after day, they did nothing, nothing at all, to get me any help."

Slevin’s medical problems extended beyond his dental issues, he said. His toenails started curling around his foot because they were so long, he told KOB.com. And his countless requests to see a doctor for depression medication were ignored, he said.

He said his lawsuit "has never been about the money. I’ve always wanted this to make a statement."

The million, awarded by a federal jury Tuesday, is one of the largest prisoner civil rights settlements in U.S. history, according to KOB.com.

"I wanted people to know that there are people at The Dona Ana County Jail that are doing things like this to people and getting away with it," said Slevin, who now suffers from PTSD and believes he will have to take medication for life as a result. "Why they did what they did, I have no idea."

The mistreatment started from the moment his client was arrested, Slevin’s attorney, Matt Coyte, told msnbc.com.

"He was driving through New Mexico and arrested for a DWI, and he allegedly was in a stolen vehicle. Well, it was a car he had borrowed from a friend; a friend had given him a car to drive across the country," Coyte said.

Slevin was depressed at the time, Coyte explained, and wanted to get out of New Mexico. Instead, he found himself in jail.

"When he gets put in the jail, they think he’s suicidal, and they put him in a padded cell for three days, but never give him any treatment."

Nor did they give him a trial, Coyte said. Slevin said he never saw a judge during his time in confinement.

After three days in a padded cell, jail guards transferred Slevin into solitary confinement without explanation.  "Their policy is to then just put them in solitary" if they appear to have mental health issues, Coyte told msnbc.com.

Dona Ana County officials were tight-lipped about the case, refusing to answer questions about whether any jail employees were reprimanded or fired over Slevin’s treatment…

While in solitary confinement, a prisoner is entitled to one hour per day out of the cell, but often times, Slevin wasn’t even granted that, Coyte said. He was deprived of showers and grew fungus underneath his skin. He lost his will to even want to get out and live in the outside world, Coyte told msnbc.com.

"Your insanity builds. Some people holler or throw feces out their cell doors," he said. "Others rock back and forth under a blanket for a year or more, which is what my client did."

By the time Slevin got out of jail, his hair was shaggy and overgrown, his beard long, and his face pale and sunken, a drastic contrast from the clean-shaven booking photo taken of him when he was arrested two years prior…

"Hs life has been devoted to survival [since his release from solitary]," Coyte told msnbc.com. "He is totally inequipped; he is hollow. They’ve removed his humanity from him."

His suffering hasn’t been in vain though, Coyte said.  "He’s a brave guy. When he says it’s not about the money, he really means it. He wants no one to go through what he went through. And people do, in New Mexico and across this country."

This wasn’t China or North Korea.  This happened in America.  And as his attorney said, this kind of thing isn’t going on just in New Mexico, it’s happening "across this country".
 

(Thanks to Robert Battle and Bill Sullivan.)
 

DUI BLOG

A North Carolina woman is facing serious charges of driving while impaired and underage DWI after a fatal traffic accident that police say she was involved in, just one day before her 21st birthday. The underage DUI charge is alleged under the zero tolerance policy that North Carolina recognizes for individuals who are under the age of 21.

Sources indicate that the woman submitted a blood sample after the crash. Toxicology tests have not yet been released on that blood test. However, under North Carolina law, any evidence of alcohol consumption can lead to underage DWI/DUI charges against a driver who is under the age of 21 in the state. For people age 21 or older, actual evidence of impairment, which can be shown by a blood alcohol level of 0.08 or more, is required to support a traditional DWI charge in North Carolina.

The latest charges arose after a traffic accident early Sunday morning in Raleigh. Police say the 20-year-old woman was driving a Jeep SUV that collided with a Hyundai, driven by a 32-year-old man. The man died at the hospital as a result of injuries sustained in the collision, according to police.

Although there is no blood test results available at this time, police claim the 20-year-old woman admitted to having consumed one mixed-drink before driving. The woman was released on a promise to appear in court on the DWI and underage DUI charges. She is scheduled to appear in Wake County District Court Feb. 15.

Source: News Observer, “Raleigh woman charged in fatal wreck,” Dec. 19, 2011

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Law enforcement claims a North Carolina man was picked up twice in less than four hours on suspicion of driving while impaired. The first DWI arrest occurred Dec. 21 in Holly Springs. Police say that a breath test revealed the driver’s blood alcohol level measured 0.28 percent. He was booked into the Wake County Jail.

Roughly two hours later, the man was released and reportedly left the jail in a cab. North Carolina law allows those accused of DWI to go before a magistrate after an arrest to seek release. Details of the individual case in Holly Springs remain sketchy, however, the man accused of DWI was arrested a second time, shortly after being released from the jail.

Police claim the man took a cab back to his car after being released. The man reportedly has been having marital difficulties and has been staying with a friend. Law enforcement apparently went to the friend’s house and waited for him at the residence. Holly Springs Police arrested the man a second time on suspicion of DWI just hours after the first arrest.

Law enforcement has not disclosed many details in the public media regarding either traffic stop. Police have not revealed why they were waiting at the friend’s house to make the second arrest, nor have they revealed the basis for probable cause they relied upon in making the second DWI arrest.

Law enforcement claims the man’s blood alcohol level measured 0.20 percent after the second DWI arrest.

Source: ABC 11 WTVD, “Law can allow drunken drivers back on the road,” Jon Camp, Dec. 28, 2011

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A North Carolina teenager was arrested on suspicion of drunk driving Thursday after running off the side of the road and colliding with several road signs, according to the highway patrol. The young driver is accused of several violations due in part to her age. The North Carolina Highway Patrol says the teen was driving after 9:00 p.m. on her restricted license as a teenager.

Law enforcement claims the young woman was driving while impaired at the time of the accident, which reportedly occurred around 11:00 p.m. Thursday. A highway patrolman says the teenager also had a can of Joose in her vehicle. Generally, Joose products are among a group of products that have raised controversy in recent years. Joose is a flavored malt beverage with an alcohol content of around 12 percent.

In late 2010, the U.S. Food and Drug Administration warned four companies, including the manufacturer of Joose brand products about the dangers of adding caffeine to malt beverages. Joose brand malt beverages reportedly no longer contain several additives, including caffeine.

Law enforcement says the 16-year-old driver took a breath-test, which reportedly returned a reading of 0.14 percent. For drivers over the age of 21, North Carolina law presumes impairment at 0.08 percent. However, underage drivers can be charged based upon evidence of any alcohol consumption before driving.

Greenville underage DWI lawyers know that any criminal charges brought against people who are 16-years-old or more are prosecuted in adult court. The teen charged in relation to Thursday’s allegations will be facing a number of charges in adult court.

The young woman is accused of DWI, possession of an open container, underage drinking, failing to comply with license restrictions and endangerment of personal property. She was released from custody on an unsecured bond after the arrest. Law enforcement released the Gastonia teen into the custody of a parent.

Source: Gaston Gazette, “Teen charged with DWI,” Diane Turbyfill, Dec. 30, 2011

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A 38-year-old man is accused of drunk driving after allegedly bumping the rear of an automobile that was stopped at a red light in Matthews Dec. 7. No injuries were involved in the rear-end collision. What followed the alleged drunk driving accident is not the usual story of a DWI investigation. Police say the woman driving the car that was struck called her son–a Charlotte Mecklenburg police officer. He was nearby the accident scene in Matthews and arrived before on-duty police were able to respond.

The man accused of drunk driving says he never saw the woman’s son arrive. He says he was trying to speak to the driver of the other vehicle involved in the rear-end collision when he was grabbed from behind and thrown to the ground. The son of the driver, who is a Mecklenburg Police officer, was subsequently charged with assault for his alleged involvement in the case.

Sources close to the officer’s family say the man accused of DWI was banging on the window. The cop, whose mother and 8-year-old son were in the car, apparently claims that he was protecting his family, according to friends of the officer’s family. Sources say the officer’s mother thought the man accused of DWI was drunk and she was afraid of what he might do if she opened her car window.

Police say they obtained breath and blood samples from the man accused of DWI. He faces DWI and open container charges. He required treatment at an area hospital after the alleged assault. He reportedly has been released from custody.

The Charlotte-Mecklenburg officer is facing an assault, inflicting serious injury, charge after the encounter. He reportedly turned himself in to the Magistrate’s Office Friday and was released on ,500 bond.

Source: WBTV, “Officer charged with assaulting DWI suspect has been suspended five times,” Dec. 13, 2011

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When people in North Carolina hear news of an arrest for driving while impaired, most probably think of a drunk driving arrest. The truth of the matter is that North Carolina DWI laws may extend to any number of substances that impair a person’s normal faculty to drive an automobile.

The North Carolina Highway Patrol says they responded to a single-vehicle accident last Wednesday involving a car that apparently hit a ditch. The accident reportedly occurred around 8:30 p.m. Law enforcement claims the trooper who responded to the crash site suspected the driver may have been “under the influence of prescription medications.”

The driver, a district court judge who has served on the bench in Lenoir and Greene counties, apparently takes Prilosec and zolpidem, a generic form of the sleeping aid Ambien. After investigation the solo-car accident, the trooper arrested the judge on suspicion of DWI.

News reports suggest the judge takes the zolpidem on a nightly basis. However, the news does not indicate if the judge took any before the 8:30 p.m. accident, and if so, the news does not indicate when that medication was allegedly taken.

Law enforcement says that they obtained a blood sample from the driver on the night of the accident. Toxicology tests on the blood sample are expected to be conducted by the State Bureau of Investigation. Results of the tests are not expected for a matter of weeks.

The driver reportedly says he did not feel impaired before venturing out to pick up a ham from a friend’s house. The accident apparently occurred during the return trip that evening. The one-vehicle accident apparently occurred in an instant.

Source: New Bern Sun Journal, “District court judge charged with DWI,” David Anderson, Nov. 25, 2011

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Former professional wrestler Matt Hardy has been arrested for the second time in less than a month for DWI in North Carolina. The latest incident occurred Monday at Raleigh-Durham International airport. Airport police reportedly received a tip that a red Camaro was swerving and was nearly involved in an accident.

Police responded and reportedly stopped a Camaro. The former wrestler was reportedly behind the wheel. Law enforcement says Hardy submitted a breath test sample, which showed no presence of alcohol. However, law enforcement says he failed a field sobriety test after the traffic stop.

Law enforcement reportedly called in a drug recognition officer from the North Carolina Highway Patrol. The drug recognition officer claims Hardy was under the influence of drugs, according to police reports. Hardy was arrested for DWI. A blood sample was reportedly drawn, but results of that test remain pending. Hardy was released on his own recognizance from the Wake County Detention Center. He is scheduled to appear in court on the second DWI charge November 30.

Hardy was arrested on August 20 in Moore County on suspicion of DWI. In that incident police say Hardy crashed a Corvette into a tree. A North Carolina State Trooper says in the August incident a breath test also did not detect the presence of alcohol. Police claim the former professional wrestler appeared to be under the influence of a substance. Hardy is scheduled in court on September 28 related to the earlier DWI charges.

Source: Fayette Observer, “Ex-wrestler Matt Hardy charged with DWI at Raleigh airport,” Michael Zennie, Sept. 16, 2011

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