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Police say that a 20-year-old attended an alleged underage drinking party in Columbus County, North Carolina last May. Authorities claim that the man chose to drive after leaving the party-his friend, a 21-year-old man, was riding as a passenger in the car. The younger man who is accused of underage drinking and driving crashed with his friend asleep in the car, according to authorities.

The young man was charged with felony death by motor vehicle. He has now entered a plea deal to resolve the felony DWI charges.

Police say that the young man left the party during the early morning. Witnesses say that other partygoers protested, but the young man drove off anyway. Authorities say that the young man lost control and struck a tree. Police estimate that the car was moving 100 miles per hour as it struck the tree, splitting the car in half. The driver survived injuries he sustained in the crash. His friend did not.

The man entered a plea agreement. He pled guilty to felony death by motor vehicle and underage DUI charges. On the felony count, he was sentenced to a six-month active split sentence, which involves a three year term of supervised probation. The man was given a straight active sentence on the misdemeanor underage drinking and driving conviction, which he was ordered to serve at the conclusion of the six-month active sentence on the felony.

Sentencing issues in North Carolina can be very complex. Generally, an active sentence is one involving time to be served “actively” behind bars. A split sentence can involve active time, followed by supervised probation and is considered an intermediate form of sentencing.

Judges may weigh aggravated and mitigating factors in sentencing for many offenses that do not involve mandatory sentencing provisions. Cases may, at times, be resolved under a plea agreement. Each case, and any potential plea negotiations, generally involves the facts and circumstances surrounding the law and the specific case.

Source: WECT, “Man pleads guilty to charges in connection to friend’s death,” Feb. 10, 2013

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

RCMP were called to the scene of a two-vehicle crash on the north Perimeter Highway on Friday morning.
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A 24-year-old Raleigh, North Carolina woman pled guilty Monday in Pitt County Superior Court to driving while impaired and felony death by vehicle charges. The charges arose from an August 2009 accident that authorities say claimed the life of a passenger. The woman also pled guilty to misdemeanor hit-and-run allegations arising in an unrelated incident in May 2009.

The woman entered the guilty pleas Monday afternoon in Pitt County and was sentenced to the maximum term of 36 to 53 months in prison on the death by vehicle charge. The judge imposed a two year prison sentence on the DWI conviction and ordered that that sentence run consecutive to the death by vehicle sentence.

Generally, a consecutive sentence does not begin until a prior sentence is completed. For comparison, when a person is sentenced to concurrent sentences for separate offenses, the sentences are served at the same time.

The felony death by vehicle and DWI charges were filed after authorities say that the woman crashed her vehicle on Worthington Road east of County Home Road in August 2009. A 21-year-old man was thrown from the passenger seat as the woman’s Toyota Sequoia flipped several times, according to North Carolina State Police. The passenger suffered fatal injuries in the tragic wreck. The woman had been charged with second-degree murder

The same woman appeared in court last week on separate DWI charges. Tuesday, she was found guilty of DWI from allegations that arose in August 2008. At the hearing last week, the judge imposed a six-month sentence for the DWI conviction, which prosecutors say is the maximum sentence, according to the Greenville Daily Reflector.

Source: Greenville Daily Reflector, “Driver pleads guilty in fatal wreck,” Kristin Zachary, Jan. 28, 2013

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

A young man is facing drunk driving charges after allegedly being in a car accident on Highway 13 near the Beaufort-Pitt County line over the weekend. Police believe the teen was heading east on Highway 33 when he lost control of his car. Authorities say that the car hit a road sign, careened into a ditch and slammed into a light pole, knocking it down.

The North Carolina Highway Patrol says that the teen called his family after the wreck. But troopers say the teen fled the area on foot. Troopers apparently responded to the scene of the accident and apparently waited for the teen’s family to arrive. Authorities say that the troopers commanded the family members to go find the teen.

The Highway Patrol says that the teen’s family brought him to the scene of the accident. At that point, the 17-year-old was arrested on suspicion of drunk driving, leaving the scene of an accident and failing to maintain lane control.

It is not clear in the media what level of drunk driving charges the young man faces after the alleged incident. Most people know that the legal limit to drive in North Carolina is set at 0.08 percent blood alcohol concentration. That is what is known as the per se level of impairment, where the law-unfortunately-assumes impairment for all drivers. However, law enforcement and prosecutors can also bring charges based upon the observations of officers in a normal DWI case, if the officers believe that the driver was impaired while driving.

But for underage drivers–those who are under the age of 21–North Carolina law allows authorities to pursue underage DUI charges based upon any evidence of consumption. A teen or 20-year-old driver can face underage drinking and driving charges when well below the general legal limit of 0.08 percent BAC.

Source: WITN, “Teen Flees Scene Of Wreck, Charged With DWI,” Dec. 17, 2012

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Police in Matthews, North Carolina say that they are looking into what may have been involved in a fatal car accident on N.C. 51 Wednesday evening. Authorities say that the tragic crash happened around 9:30 p.m. Law enforcement has arrested one of the drivers involved in the accident on suspicion of driving while impaired and reckless driving charges. Authorities say that the 28-year-old Matthews, North Carolina man could face more charges, pending further investigation.

Officials say that the man was driving a Chevrolet Trailblazer northbound on Matthews Township Parkway, which is also N.C. 51, Wednesday. At the same time, a 62-year-old Charlotte woman was southbound on N.C. 51, with her daughter and two grandchildren in a Honda CRV. Police say that the Charlotte woman attempted to make a left-hand turn onto Independence Boulevard when her car was struck by the Trailblazer.

The two adult women were killed in the accident. Police say that the two children suffered minor injuries and were treated at a nearby hospital.

The man driving the Trailblazer was also hospitalized after the wreck, and will face charges related to the accident. Matthews Police reportedly continue to investigate the accident. Details remain sketchy. It is unclear from media reports what evidence of impairment law enforcement has found in the investigation.

The man accused of DWI in Wednesday’s accident reportedly had previously been charged in Union County on DWI allegations in 2010. That case reportedly was dropped after the arresting officer was not able to appear in court.

Source: Charlotte Observer, “Driver charged after mother, daughter killed in U.S. 74/N.C. 51 wreck in Matthews,” April Bethea and Cleve R. Wootson Jr, Dec. 27, 2012

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

A sport utility vehicle ended up on top of a snowbank at the corner of McMasters Road and Silverstone Avenue in south Winnipeg on Tuesday afternoon.

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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

A plane has crashed in Snow Lake.
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A Winnipeg man was killed when an all-terrain vehicle rolled over along Highway 6 south of Lundar on Friday night.

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Authorities in Halifax County, North Carolina accuse a man found the scene of an accident with driving while impaired and theft. Deputies fielded a report of a stolen vehicle around 3:00 in the morning earlier this month. A van owned by a pharmacy was reportedly stolen from the Littleton, North Carolina home of an employee. A Halifax County deputy looked into that allegation during the early morning of October 3.

Meanwhile, the North Carolina State Highway Patrol opened up an investigation into a single vehicle car accident in Nash County. The wreck reportedly involved a van from the Halifax County pharmacy. No driver was found at the scene of the accident. However, a trooper claims that a 20-year-old man was somewhere near the scene of the single vehicle accident. The trooper claims that not only did the young man appear to be intoxicated, but that he had injuries consistent with being in a crash.

News reports do not indicate what type of injury the Gumberry, North Carolina man had displayed, or what led the trooper to conclude that the young man was under the influence. Nonetheless, the man found near the crash site was taken into custody.

Authorities in nearby Halifax County reportedly have charged the young man with larceny. The theft of a motor vehicle charge apparently relates to the wrecked pharmacy van found unoccupied in Nash County.

Meanwhile, the North Carolina State Patrol accuses the 20-year-old driver with DWI and leaving the scene of an accident. Underage drivers can be charged with an underage drinking and driving offense based upon any evidence of alcohol impairment. It is not clear in the media whether law enforcement obtained any alcohol test from the suspect.

Authorities booked the Gumberry man into the Halifax County Jail, with bond set at ,500. A court date is scheduled for November 7.

Source: The Daily Herald, “Gumberry man arrested after Drugco van theft,” Oct. 5, 2012

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