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We have discussed issues involving allegations of underage drinking and driving on several occasions. Generally, North Carolina law says that underage drinking is prohibited in general. When it comes to driving, a person may be charged with an underage DUI offense based upon any evidence of alcohol in his or her system.

But the existence of the zero tolerance policy for underage drinking and driving does not mean that a person under the age of 21 cannot be accused of driving while impaired charges. The legal limit of 0.08 percent blood alcohol concentration applies to underage drivers as well.

Similarly, if law enforcement believes there is enough evidence of impairment, prosecutors may seek DWI charges based upon the evidence of impairment.

A Greenville, North Carolina teenager is accused of DWI after a car accident was reported Thursday Evening in Lenoir County, North Carolina. Troopers claim that the Greenville teen lost control of the Dodge Challenger he was driving on Rouse Road in Kinston, North Carolina around 7:00 Thursday evening. The car reportedly went through the ditch, struck a tree and crashed into a house.

Nobody was in the home at the time of the wreck. The 18-year-old driver and his 18-year-old passenger form Dover, North Carolina were not injured. Authorities estimate that the accident caused ,000 damage to the home.

The Greenville, North Carolina teen is charged with DWI and reckless driving related to the allegations. It is not clear what evidence led troopers to suspect the young man was impaired at the time of the accident.

Source: WBTW, “NC teen crashes car into house, faces DWI charge, police say,” May 3, 2013  

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

We have frequently covered stories regarding changes to North Carolina law. Recent proposals have been aimed at toughening the state’s laws prohibiting driving while impaired. Other laws, or decisions of the North Carolina Alcohol Beverage Control Commission, have dealt with issues related to controlling underage drinking.

Lawmakers recently passed a law in North Carolina to protect teens from prosecution for underage drinking or drug offenses in a narrow set of circumstances. Last year, more than 1,100 people died from drug overdoses in North Carolina alone. Commentators say that many overdose deaths involve kids. Lawmakers say that the new 911 Good Samaritan law in North Carolina is aimed at trying to save lives related to drug overdoses. The law is aimed at protecting teens who call 911 to report a possible drug overdose situation from being prosecuted for specified offenses.

A spokesperson for the North Carolina Harm Reduction Coalition recently told WTVD-TV News that, “If someone is experiencing a drug overdose or is witnessing a drug overdose and they call 911 they can’t be prosecuted for misdemeanor possession of drugs or paraphernalia or underage drinking.”

The law is fairly limited in scope. It provides criminal immunity from prosecution for alleged misdemeanor drug possession or paraphernalia charges to people who call 911 related to alcohol poisoning or a drug overdose. The person may be the same person who is experiencing the issue, or a witness to the alcohol poisoning or overdose. In cases involving drug possession, the law only protects against prosecution for small amounts of drugs.

The idea has been making its way across the country. Eleven states that previously enacted such protections say that the law is already saving lives. College kids are often afraid to call 911 when an incident arises for fear of being personally prosecuted after the emergency response.

One family who lost a loved one eight years ago is hopeful that the law will save lives in North Carolina. Eight years ago, a 19-year-old college student died of a drug overdose in her dorm room. A friend reportedly waited to call 911 due to fear of prosecution, according to WTVD. Her older brother says that the friend panicked and fled from the dorm room. The older brother is left wondering if the new 911 Good Samaritan law could have saved his sister’s life, but he is encouraged that other lives may indeed be saved in the future.

Source: WTVD-TV News, “Good Samaritan law intended to save lives,” Caitlin Knute, May 21, 2013

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

We have reported issues surrounding fake id possession and use in North Carolina. Often, people may think of a fake ID issue being related to underage drinking. However, a 25-year-old tried to hide his true identity from police during a traffic stop recently, according to officers in Sampson County. The man is now facing several drug charges.

Authorities claim that officers had probable cause to search the Pittsboro, North Carolina man and his car when he provided police with a false identity during the traffic stop. It is not clear why officers initiated the original stop. However, law enforcement claims that a variety of controlled substances were discovered during the search.

Police accuse the man of possessing slightly more than three grams of cocaine, 14 grams of marijuana and several different prescription medications. Among the pills seized in the search, authorities say that the man has 14 total units of Xanax, Clonazepam and Oxymorphone. He is now accused of at felony possession of a controlled substance, cocaine possession, several misdemeanor counts of drug possession, driving while revoked and providing police with false information.

The driver was transported to jail, where he was held on ,500 bond.

A traffic stop may often lead to more serious charges if law enforcement finds a reason to expand the scope of the original traffic stop. However, a driver still has constitutional rights and law enforcement is not entitled to expand the scope of an investigation without a legal basis.

Drivers accused of an offense after a traffic stop have the right to challenge not only the allegations, but may also have a basis to challenge the procedures used by law enforcement in gathering information in a specific case.

Source: Sampson Independent, “Fake ID leads to drug arrest,” Sherry Matthews, March 28, 2013

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

A routine traffic stop for alleged traffic violations has led to criminal charges for two North Carolina men. Police in Clinton, North Carolina claim that a 20-year-old man was driving while impaired early Wednesday morning on Clinton’s Main Street. After law enforcement made contact with the driver and his 20-year-old passenger, both men ultimately were arrested on charges more serious than a minor traffic violation.

While the driver was arrested on suspicion of DWI, the passenger in the vehicle reportedly had six outstanding warrants against him. Authorities have also charged the passenger with a new criminal offense, alleging that the young man was in possession of roughly .12 grams of methamphetamine, which police say was discovered during the incident.

It is not clear from the media what evidence authorities are relying upon for the North Carolina DWI charges being sought against the 20-year-old driver. It should be noted that a person under the age of 21 can be charged with underage DUI based upon evidence of any amount of alcohol.

Similarly, a young driver can face DWI charges based upon the per se legal limit of 0.08 percent blood alcohol concentration under North Carolina law, or law enforcement’s testimony that a driver appeared to be impaired by alcohol or some other substance while driving.

Typically, the more common-law style of DWI prosecution may involve testimony related to driving conduct, the officer’s observations during a traffic stop and in field sobriety exercises. Chemical test results may also be involved in the more traditional style of DWI prosecution.

Source: Sampson Independent, “Traffic stop leads to drug arrest, DWI charge,” Sherry Matthews, Jan. 9, 2013

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

A judge in Brunswick County, North Carolina has thrown out a number of DWI cases after prosecutors ran into scheduling conflicts and asked the judge to delay the cases. In legalese, attorneys ask for a “continuance” when they need more time to investigate the case, or other issues arise. Late last month, prosecutors say that a Brunswick County Sheriff’s deputy had a scheduling conflict and would be unable to appear in a slate of North Carolina DWI cases.

At that time, the judge denied the request to delay the cases, and threw out charges against 16 people, primarily in DWI cases. Last week, prosecutors told the judge that a second deputy had a scheduling conflict and prosecutors asked the judge for a continuance in a number of cases where that deputy would need to testify.

The prosecutors say that the deputy had a training conflict. Last Wednesday, the judge dismissed 20 cases, again the charges primarily revolved around North Carolina DWI allegations.

Authorities in Brunswick County say that they intend to pursue the cases, even though the judge had thrown them out. Authorities are going through the motions to recharge each defendant, according to WECT-TV.

Anyone who has been accused of a crime knows that waiting for a case to move through the process can be frustrating. The judge reportedly has not indicated the basis for dismissing the charges in either event.

Generally, a criminal defendant has the right to confront witnesses at trial. Officers who allege that a driver was drunk on a specific date, for example, have to testify if a case goes to trial. The Constitution guarantees the right to a speedy trial, but the legal standards surrounding speedy trial rights are complex.

Source: WECT, “Judge dismisses dozens of DWI cases,” Ann McAdams, Dec. 19, 2012

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

Law enforcement continues to investigate a fatal car accident that occurred on Highway 213 in Marshall, North Carolina September 13. However, police believe that a 41-year-old man was driving while impaired when the accident occurred.

A North Carolina State Highway Patrol trooper claims in court documents filed November 9 that the man smelled of alcohol after the fatal crash. The trooper also claims that the surviving driver of the accident had blood shot eyes and was slurring his speech after sustaining injuries in the wreck.

Police say that the man was driving a Ford Mustang on Highway 213 that collided with a Ford Escort at the intersection between the highway and Silver Mill Road. The Mustang collided with the Escort as a woman pulled into the intersection from Silver Mill, according to the Citizen-Times.

The 30-year-old woman driving the Escort was killed in the accident. The man driving the Mustang and his 26-year-old passenger suffered non-life-threatening injuries in the wreck and were taken to an area hospital. Police believe the speed of the Mustang may have contributed to the cause of the crash.

Law enforcement says that the man driving the Mustang refused to submit to a chemical test. Agents from the North Carolina Division of Alcohol Law Enforcement reportedly visited an establishment in Marshall where authorities believe the man driving the Mustang had been before the fatal crash, although details about that investigation are sketchy, according to the Citizen-Times.

Authorities say that testing is being conducted on blood work related to the investigation. Additional charges may be filed pending the outcome of that analysis. Law enforcement continues to investigate other aspects of the crash.

Source: Citizen-Times, “Lunsford faces DWI charge,” Melissa Dean, Nov. 26, 2012

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

Several people have lost their jobs, and a new City Manager has been installed in Cherryville, North Carolina following a scandal involving law enforcement in the city. Federal officials accuse three police officers of corruption after an investigation unveiled evidence that the officers allegedly protected trucks full of stolen goods. Agents from the FBI claim that three officers accepted money to provide the truckers with protection in Gaston County.

Criminal defense lawyers know that allegations in the media, as well as the claims in a police report do not provide proof of criminal activity. Our system of justice puts the burden of proof upon the government, but proof must be made in a court of law. Therein lies the rub in the Gaston County allegations.

Dueling issues have arisen from the scandal. The officers remain innocent of the corruption charges until proven guilty in a federal court. At the same time, Gaston County officials will dismiss numerous criminal cases due to the alleged involvement of the officers in the corruption allegations.

As a society, we look to law enforcement to protect and to serve. But at the same time, criminal defense lawyers stand as sentries in court to protect against an over-reaching government.

Gaston County prosecutors will reportedly be voluntarily dismissing 59 charges in the aftermath of the corruption probe. The cases all rely on the testimony of the officers accused of corruption. Among the overall cases, prosecutors reportedly will be dismissing eight drunk driving cases. Additional drug cases, traffic violations and other types of charges will be dropped. Each of those cases presumably involve police reports.

The plain language of the police reports is called into question. Allegations in any police report, however, is subject to challenge. Greenville DWI defense lawyers, like criminal defense lawyers all across the country, protect individual rights by testing the evidence in court produced by the state to help avoid wrongful convictions.

Source: WBTV, “Cherryville names new City Manager weeks after police scandal,” Jessica Sells, Nov. 7, 2012

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

A woman who is accused of crashing her car reportedly told authorities that her children had been ejected from the vehicle during the wreck. A North Carolina trooper found the car in the ditch along Grants Creek Road. Authorities reportedly searched the area surrounding the rollover car accident. The two children were not found anywhere near the scene.

Apparently the woman had been disoriented in the serious injury accident. Officials say that the children were located at the home of a relative of the car accident victim–the children reportedly were found safe.

The woman will be facing North Carolina drunk driving charges. Her boyfriend reportedly was also arrested. He arrived at the scene of the accident while emergency responders were attending to the accident victim. Law enforcement claims that the woman’s boyfriend appeared to be under the influence when he arrived. Officials claim that the man assaulted an emergency worker at the scene.

The woman who reportedly rolled her car into the ditch suffered serious injuries in the crash. Authorities say that her Ford Explorer rolled over several times in the ditch. She was flown to Vidant Medical Center with serious injuries, although the Jacksonville Daily News reports that the hospital said Monday that no patient was listed as of Monday under the accident victim’s name. Authorities say the reckless driving and DWI charges are pending for the woman.

Her boyfriend was charged Saturday in Onslow County, North Carolina, with assault-inflicting serious injury, according to the Jacksonville Daily News.

The accident was reported in Onslow County around 8:25 Saturday evening.

Source: Jacksonville Daily News, “Driver hospitalized, friend arrested following weekend wreck,” Amberly Pozzi, Sep. 10, 2012

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

A man is accused of drunk driving in a roll over crash September 17 in Pitt County. Four people were injured, including the 16-year-old son of the man accused of driving while impaired (some media reports say that the son is 17-years-old). The North Carolina Highway Patrol says that a trooper smelled alcohol on the 41-year-old driver before he was transported to Vidant Medical Center.

Authorities say that the accident occurred on U.S. 64 Alternate near Porter Road shortly after 5:30 in the afternoon. Three passengers were in the vehicle. Besides the driver’s son, troopers say an 18 or 19-year-old relative of the driver and a 21 or 22-year-old Parmele man were passengers in the car. All three passengers and the driver suffered undisclosed injuries, but troopers say all are expected to survive.

Authorities claim that the 41-year-old driver was traveling east on U.S. 64 at roughly 90 miles per hour. Troopers think that the Parmele, North Carolina man lost control of his vehicle while trying to navigate a curve about 2.5 miles west of Bethel, North Carolina. Authorities say that the car went into a ditch, roiling over and ejecting at least one of the passengers. One of the passengers was airlifted from the scene. All four occupants of the vehicle were taken to Vident after the wreck.

Few details about the police investigation have been made available in the public media. Authorities say that the Parmele man will be facing DWI and reckless driving charges after the Monday afternoon crash.

Sources:

• Greenville Reflector, “Man charged with DWI in Bethel wreck,” Sep. 19, 2012
• WITN, “Troopers: Drunk Driving Wreck Sends 4 To Hospital,” Sep. 17, 2012

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

People from all walks of life can find themselves facing charges for driving while impaired in North Carolina. News has broken that the son of the police chief in Shallotte, North Carolina, is facing new DWI charges. The 29-year-old has had a previous brush with the law. The man’s father says that the young man previously has faced drunk driving allegations in North Carolina.

The man was driving erratically early Monday, according to a Sunset Beach police officer. The officer conducted a traffic stop around 2:30 Monday morning after the alleged erratic driving conduct observed on Georgetown Road near N.C. 904. But the new allegations go beyond DUI charges. Law enforcement accuses the Shallotte man of drug crimes as well, after the traffic stop.

The arresting officer claims that a small amount of heroin and drug paraphernalia were discovered in the Shallotte man’s Chevrolet pickup truck. It is not clear how law enforcement discovered the alleged drugs and paraphernalia.

The 29-year-old was arrested on suspicion of a slate of North Carolina criminal charges. He is facing felony heroin charges, and the allegations of possession of drug paraphernalia. He is also accused of DWI, failure to comply with conditions placed on his driver’s license that restrict him from having a 0.04 percent or greater blood alcohol content and other driving offenses.

The man was booked into the Brunswick County Sheriff’s Detention Center early Monday. Bond has reportedly been set at ,000 on the DWI and drug-related criminal charges.

Sources:

• Star News, “Son of Shallotte police chief faces DWI, drug charges,” Cassie Foss, Aug. 20, 2012
• WECT News, “Shallotte police chief’s son arrested, charged with DWI,” Nadine Maeser, Aug. 21, 2012

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