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Another North Carolina driver has been charged with driving while impaired after an alcohol test registered 0.0 percent alcohol concentration, according to the Gaston Gazette. This time, the results of a blood test reportedly are not yet available, but authorities accuse the mayor of New Bern, North Carolina of DWI.

Police say that two people reported a Chevrolet van driving erratically Monday morning. Havelock police responded to the area and stopped a Chevy van on U.S. 70 shortly before 7:45 in the morning. Officers apparently requested the driver to perform roadside field sobriety tests based upon his alleged driving conduct. Officials claim that the Mayor did not perform well enough to pass the tests. The officer apparently also believed that the mayor was “acting funny,” according to the Gazette. He was taken into custody on suspicion of DWI.

The man reportedly took a Breathalyzer test, which reportedly showed that the man had no alcohol in his system. Authorities claim that the man submitted a blood sample for further toxicology testing, the results of which have not been completed. The Mayor appeared before a magistrate who reportedly found probable cause to support DWI charges.

The Mayor told the Gazette that he had overslept Monday morning and was running late. During the roadside tests the Mayor says that he could not perform a balancing test due to his progress recovering from hip replacement surgery in November.

North Carolina law allows authorities to bring drunk driving charges based upon an alcohol reading measuring 0.08 percent or greater. But, authorities may also accuse a person of driving drunk based upon an officer’s observations of driving conduct and of a person’s performance in field sobriety tests. But, FSTs are not foolproof. Generally, North Carolina drivers may also be charged with driving while impaired by drugs.

Source: Gaston Gazette, “NC mayor accused of DWI, disputes charge,” New Bern Sun Journal, May 6, 2013

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Let’s say you’ve had too much to drink, and you get into your car, put the key into the ignition and….the car won’t start:  the battery is dead.  About that time, an officer arrives and asks you to step out of the car for some field sobriety tests….

Is it possible to be convicted of attempting to drive under the influence?

The courts are not in agreement on whether there is such an offense as attempted drunk driving.  In Strong v. State, 87 S.W.3d 206, for example, a Texas court held there is not.  In People v. Garcia, 262 Cal. Rptr. 915, however, a California court said there was – but said also that it was "not unmindful that there might be some troublesome questions which will have to be resolved in later cases."

Troublesome questions?  The court didn’t explain that cryptic comment, but one that occurs to me is that  attempted DUI becomes a specific intent crime.  So what, you ask? 

Well, there are two kinds of offenses: those requiring only a general intent, and those requiring a specific intent.  Burglary, for example, is a specific intent crime: it requires entry with the intent to commit theft or a felony; without that intent, it is just a trespass.  DUI is a general intent crime: the prosecutor need only prove the act of driving under the influence – not the intent to do it. 

You can, of course, be convicted of attempting to commit a criminal offense.  But it follows that to attempt it you must intend to commit the offense: attempt requires a specific intent to commit the crime (along with steps toward its commission).  Thus, attempted DUI would become a specific intent crime.

So, while intoxication is not defense where there is only a general intent required, it can be a defense where specific intent must be proven:  intoxication can prevent the person from being able to knowingly and intelligently form the intent to accomplish the criminal act.

In other words, we may have a Catch-22:  If a person is mentally and physically too impaired to drive, doesn’t that fact tend to negate the specific intent required for an attempt to drive intoxicated? 

A "troublesome question"….
 

DUI BLOG

Most college kids are aware that the legal age for drinking in North Carolina is 21-years-old. However, students at any college in the state–from East Carolina University or Pitt Community College to students at North Carolina State University to Western Carolina University–may face criminal charges involving alcohol, drugs or possibly other offenses.

Many students may believe that an underage drinking offense is no big deal, but as this blog has discussed before, an alcohol offense can leave a permanent criminal record under North Carolina law.

When alcohol and cars are mixed, students can face tough charges for underage driving under the influence or driving while impaired allegations. North Carolina law allows for prosecutors to pursue an underage DUI charge based upon any amount of alcohol. DWI charges are also available based upon evidence of impairment or alcohol tests showing a 0.08 percent or more reading. Two athletes in Raleigh have faced DWI charges in the past seven weeks in North Carolina.

Law enforcement arrested North Carolina State University athlete Logan Winkles Saturday on suspicion of DWI Saturday. The 20-year-old football player was pulled over in the mid-afternoon. Police claim that he tested 0.12 percent BAC and has been charged with DWI and underage DUI after the traffic stop.

The football player’s arrest comes roughly seven weeks after a former reserve NCSU basketball player was charged with drinking and driving. Staats Battle was arrested New Years’ Day for drinking and driving. He reportedly is no longer enrolled at NCSU. Winkles is expected to face disciplinary proceedings at school based upon his recent DWI arrest. In addition to the issues at school, Winkles is scheduled to appear in court in Wake County in March on the criminal charges.

Source: Charlotte Observer, “N.C. State football player Logan Winkles charged with driving while impaired,” Joe Giglio, Feb. 19, 2013

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A woman reportedly lost control of her car in Wilmington, North Carolina Tuesday. The accident was reported around 3:15 in the afternoon. While car accidents may occur on a frequent basis anywhere in North Carolina.

But in the Wilmington crash, law enforcement claims that the 48-year-old woman had taken some unidentified prescription medication. Police further accuse the woman of being impaired by illegal drugs, although authorities are not identifying what substances they believe the woman had taken.

North Carolina’s DWI laws apply to prescription medications and other substances. Many people who require prescription medications may be surprised to find that law enforcement suspects impairment when a driver has followed a doctor’s instructions.

In the Wilmington investigation, the details surrounding law enforcement’s suspicions are not clear from the media. Authorities claim that the woman was traveling north on River Road when her car drifted toward the shoulder. Police claim that the woman overcorrected and crossed through the lanes, eventually running off the left side of the road.

Witnesses rushed to the aid of the accident victim. One passing motorist provided the woman with a blanket at the accident scene. Authorities say that when the woman’s car drove off the road, and the car rolled over. The woman was ejected from the vehicle and she suffered injuries.

She was taken to New Hanover Regional Medical Center with non-life-threatening injuries. Law enforcement now accuses her of several charges, including DWI, failing to maintain a lane and failing to use a seatbelt.

Source: Star News, “Driver charged with DWI after rollover on River Road,” Brian Freskos, Jan. 22, 2013

• Our firm provides criminal defense for people accused of DWI in the Pitt County area of North Carolina, including DWI charges that allege prescription medication or impairment based upon other substances. For more information, please visit the Greenville DWI defense page.

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

Earlier this week, this blog reported that a man was charged with driving while impaired on a moped in Wilkesboro, North Carolina. A similar account has made the news in Clinton, North Carolina-at least as far as the vehicle involved in the DWI allegations. However, Police in Clinton claim that the man accused of DWI while riding a moped is a repeat offender.

Law enforcement says that authorities received several calls about a man on a moped. One caller told dispatchers that the man kept falling off the motorized bike. A police officer looked for the man, but apparently could not locate the man or the moped. Later, the caller phoned authorities again claiming that the man was at a gas station.

The officer searched the area, but still could not find the moped. A short time later, the officer found a man in the middle of a Clinton street-underneath a fallen moped.

The police officer arrested the Clinton man on suspicion of drunk driving charges. Authorities claim that the man blew an alcohol reading of 0.29 percent. However, officials apparently claim that the man had several prior DWI convictions on his record within a 10-year time frame. In addition to DWI, the man has been charged with felony habitual DWI, according to the Sampson Independent. The man was booked into jail with bond set at ,000. His next court date is scheduled for March 14.

North Carolina law treats any DWI conviction harshly. But the consequences become more strict if a person has a prior DWI conviction in a specified number of years.

When a driver is accused of new DWI charges with three prior convictions within 10 years, North Carolina law allows authorities to seek habitual DWI charges, which is a felony level offense. A person convicted of felony habitual DWI in North Carolina must expect to serve time in prison.

State law requires judges to impose a mandatory minimum of one year in prison for a conviction of habitual DWI, a minimum sentence that cannot be suspended. The judge can impose a longer sentence in excess of the mandatory minimum.

Source: Sampson Independent, “Clinton man charged with habitual DWI,” Sherry Matthews, Jan. 14, 2013

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

A man has been charged after he allegedly assaulted several people as he tried to escape medical treatment at the Russell Health Centre on New Year’s Day.

Manitoba stories

Agents from Alcohol Law enforcement in North Carolina were dispatched to an abandoned house in September in New Hanover County. Sheriff’s officials had called on the division for assistance investigating an alleged underage drinking party at the abandoned home. Reports suggest that as many as 200 people had attended the soiree. Not all of the people were underage.

Police say that party-goers ranged I age from 16 to 55-years-old. Initially, deputies issued citations to 16 people for alleged underage drinking offenses at the September 22 party. Officials say that two kegs were hauled from the scene.

But the alleged underage party resulted in more than alleged alcohol offenses. Law enforcement asserts that two people were stabbed at the gathering. Both reportedly were treated and released from an area hospital.

The New Hanover County Sheriff’s Office says that four adults are now facing charges related to the alleged party. Officials say that more charges may come in the future. For now, four people have been charged with aiding and abetting offenses for their alleged roles in the event.

An 18-year-old Rocky Point, North Carolina teen has been charged with 16 counts of aiding and abetting an underage person.

In addition to the young teen, a 19-year-old Riegelwood resident, a 24-year-old from Rocky Point and a 39-year-old, also from Rocky Point North Carolina, all face 16 counts of aiding and abetting. Each of the three has also been charged with selling alcohol without a permit and license.

Authorities claim that cups of beer were sold at the abandoned house in Castle Hayne, North Carolina for a piece during the party in September.

Source: WECT-TV, “Four charged in alleged underage drinking party in Castle Hayne,” Nov. 15, 2012

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

A Canada Post employee has been charged with mail theft.
Manitoba stories

A woman who is highly allergic to bees was stung recently and a friend offered to take her to the emergency room, according to the bee sting victim. The woman was struggling to get air and needed medical attention for an allergic reaction, she says. Her friend thought that he could get the woman to the hospital faster than waiting for emergency responders. The woman says she lost consciousness while en route to the hospital.

It was later that she learned her good friend was carted off by police from the hospital. The man reportedly had crashed his car at the entrance to the emergency department at Gaston Memorial Hospital. He hit a planter that authorities say smashed into a large window at the hospital. After police arrived, the man was arrested on suspicion of drunk driving.

Police subjected the driver to an alcohol test that authorities say registered 0.10 percent blood alcohol concentration, slightly over the 0.08 percent legal limit in North Carolina. The man is facing charges of DWI, reckless driving and driving with a revoked license for his trip to take an ailing friend to the emergency room.

The Gaston County Sheriff’s Office reportedly claims that the driver was previously charged with DWI August 7, just weeks before his DWI arrest at Gaston Memorial.

The woman was treated at the hospital and released the same day she was rushed to the emergency room. She says that she is grateful her friend rushed her to the emergency room. However, she says that she is upset that police arrested her friend that day.

Source: Gaston Gazette, “Driver crashes into hospital, charged with DWI,” Dianne Turbyfill, Aug. 30, 2012

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

Here’s a story that will sadden Greeneville readers: A 12-year-old girl was killed by a suspected drunk driver near Elroy, North Carolina earlier this month. Although the person who hit her made a very poor choice if he was indeed driving drunk, from what we know, the whole situation sounds like nothing but tragedy from start to finish.

According to police, around 9:30 last Thursday, the girl and her friends had been making mischief by throwing socks filled with spaghetti and eggs at cars driving on Highway 70 around where it meets Powell Road.

According to the girls’ friends, the girl ran into the middle of the road to pick up one of the socks that she had thrown and, without realizing it, dropped her phone. When she got back to safety, she realized she did not have her phone and ran back to retrieve it.

She was in the middle of the road when she was struck by a 67-year-old man from New Bern. He has now been charged with DUI.

The girl was taken to Vidant Medical Center where she was pronounced dead the next morning.

Hopefully, people in Greeneville will read this story and take it as a reminder to be very careful not to drive after they have had too much to drink. And we certainly hope that any parents in Greeneville will make a mental note to remind their children that it’s very important to be extremely cautious around roads and highways. If even one accident like this happens, it’s one accident too many.

Source: WNCT-TV, “Drunk driver kills 12-year-old girl throwing eggs at cars, troopers say,” Madeleine Wright, Aug. 17

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