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Police say that a woman behind the wheel in a rollover crash in Gaston County, North Carolina was sober when the accident occurred. Law enforcement believes the woman was texting when the accident happened. However, authorities say that she was not the one in control of the steering wheel. Law enforcement says that her passenger was steering-and officials say that the passenger was under the influence of alcohol.

Authorities have charged the sober 19-year-old driver with aiding and abetting driving while impaired in the incident. She is also accused of allowing an unlicensed person to drive.

The allegations follow a single-vehicle wreck that was reported around 9:15 Thursday evening on U.S. 321 near Dallas, North Carolina. Police say that the pickup truck the two young women were traveling in left the road, struck a road sign and apparently rolled more than one time.

The female passenger was thrown from the pickup in the rollover. She suffered serious injuries and was taken to Gaston Memorial Hospital, where she was listed in Fair condition by Friday. Police believe that the passenger had been steering the truck when it wrecked. Police say that charges may be pending for the female passenger.

Meanwhile, the 19-year-old driver, a Lincolnton, North Carolina resident, was booked into the Gaston County Jail early Friday morning and was later released.

A first time aiding and abetting charge in North Carolina can lead to harsh consequences if a person is convicted. Typically, the consequences of an aiding and abetting DWI conviction can be very similar to a level 5 DWI offense.

Sources:

• WSOC TV, “Authorities: Teens were texting, drinking before serious crash,” March 29, 2013
• Gaston Gazette, “Police: Impaired passenger steers car, wrecks on highway,” Wade Allen, March 29, 2013

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

In the last entry, we discussed a recent North Carolina DWI case that involved legal arguments and a trial before a jury, where the jury acquitted the defendant of DWI. The man says that a police officer sought to compel a blood draw without a warrant, claiming that an exigent circumstance existed to make the warrantless blood draw request sound under North Carolina law.

Prosecutors claimed that the rapid dissipation of evidence allowed the warrantless search. Ultimately, the case was resolved before a jury and not on the legal arguments before a judge.

Most states generally control their own DWI laws. But constitutional issues are matters for the courts and the U.S Supreme Court has binding authority on state courts on federal constitutional issues.

Several decades ago, the U.S. Supreme Court ruled in a DWI case involving a car accident that authorities did not need to obtain a warrant to obtain a blood sample. However, the high court is currently deciding whether a warrant is constitutionally required to obtain a blood sample in a routine DWI case. Currently 25 states allow law enforcement to compel a person to provide a blood sample if an officer requests one without a warrant and with probable cause to suspect the driver is under the influence.

A driver who refuses an implied consent test for impairment may face consequences, including a driver’s license suspension and an arrest on DWI allegations in North Carolina. Most (if not all) states use the legal concept of implied consent in DWI cases, and the recent U.S. Supreme Court decision could be instructive on whether or not the constitutional protections in DWI cases continue to differ under the warrant clause. The high court ruling is expected before the end of the term this summer.

Source: Winston-Salem Journal, “Winston-Salem man who alleged that police violated his rights acquitted of DWI,” Michael Hewlett, March 15, 2013

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

A man has fought his driving while impaired charges since his was pulled over in July 2010. The case has made its way to the North Carolina Court of Appeals, and back to court in front of a jury. The jury acquitted the man of DWI after trial.

The man says that an officer with the Winston-Salem Police sat on his chest to obtain a blood sample without a warrant during the DWI investigation. The man argued that the warrantless procedure was a violation of his constitutional rights.

In the recent North Carolina DWI battle, the man was originally convicted of DWI in Forsythe District Court, but appealed to Superior Court. There, the judge dismissed the charge. The case found its way to the North Carolina Court of Appeals, which reversed the Superior Court ruling and sent the case back down. The man took his DWI charge before a jury recently. The results of the blood sample were suppressed at trial.

The jury heard testimony about the alleged incident from July 2010. Police claim that a Winston-Salem Police officer visited a gas station to stop a car for an alleged taillight violation. That car was not associated with the DWI allegations. Instead, police claimed that after the officer let the driver with the broken taillight go, he noticed a truck parked at the gas station and ran its plates.

The officer says that the registered owner of the truck showed as having a suspended driver’s license and the cop looked to investigate that issue. Police say the owner was in the driver’s seat of the parked truck. However, the officer reportedly never found any keys to the parked truck.

Police claim that the driver was agitated, and that the officer suspected that the driver was under the influence of cocaine. The man ultimately was hauled down to the hospital for a blood test, leading to the legal arguments seeking suppression of the evidence.

When the case was remanded for trial, prosecutors argued that the man’s agitated state and alleged poor performance on field sobriety tests were sufficient to show that the man was under the influence that night.

The criminal defense argued before the jury that the man was agitated because his constitutional rights were being violated. Police never saw the man driving the truck, and never saw keys. The defendant says that he had not been driving at all. The man reportedly admitted to having a beer and a drink that night, but never drove. He says that he was retrieving change from the truck to pay for something at the gas station. A video of the incident reportedly shows that the officer never saw the man drive the truck.

Friday, a Forsythe County jury spent about an hour deliberating before returning a not guilty verdict on the DWI charge.

The issue of whether a police officer can compel a blood sample without a warrant in a routine DWI case raises an interesting constitutional issue, which the United States Supreme Court is currently considering. In the next entry, we will discuss that issue in more detail.

Source: Winston-Salem Journal, “Winston-Salem man who alleged that police violated his rights acquitted of DWI,” Michael Hewlett, March 15, 2013

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

So how ridiculous is this entire "War on Drunk Driving" getting?  Well…..

Man Arrested for Suspected Pot DUI Over Color of His Tongue?

Puyallup, WA.  Feb 26  – Pot may be legal in Washington state, but Kent police recently arrested a Puyallup man for driving under the influence because, he said, he had a green film on his tongue.

Mike Simmons, 31, said Tuesday he was put in jail for 13 hours. Now with towing and lawyer fees, he said he’s out ,000 and he’s not allowed to drive while he’s out on bail.

All for something he said he didn’t do.

“As soon as the officer came to the vehicle, he asked me to stick out my tongue,” said Simmons.

Simmons thought it was an unusual request but he soon found out he was pulled over for suspicion of driving under the influence.

Simmons said the officer told him there was a green film on his tongue. The unidentified police officer apparently felt that is a telltale sign that someone has been smoking marijuana.

Simmons admitted he had smoked pot three days earlier, but says when he was pulled over he was on a lunch break from work and was stone-cold sober.

“There was nothing in the car, so I don’t know what kind of evidence he had based on just a green film on my tongue,” Simmons said.

According to the law that made pot legal in the state, a driver can have no more than 5 nanograms of THC in their blood.

Simmons refused to take give a blood sample without a lawyer present. He said he was then arrested and taken to jail.

Kent police spokesman Pat Lowery couldn’t talk about the case “because it’s an ongoing investigation,” but said a blood sample isn’t required if an officer believes the person is driving under the influence.

“Driving while impaired is still driving while impaired,” Lowery said.

Simmons swears he wasn’t impaired because he didn’t smoke pot that day, and he’s ready to fight the charges.

“I just feel like the system they have is unfair,” said Simmons.

Better not drive if you're going to use Scope!  And by the way, the following are excerpts from an article entitled "What Causes Green Tongue?"….

What causes green tongue most commonly is hairy tongue syndrome. Unlike its name, this doesn't actually refer to hair on a tongue, but a discoloration of it. Healthy tongues are velvety because of the small papillae on the tongue's dorsal surface that shed on a regular basis. However, these papillae sometimes grow without shedding and because of this, they end up looking longer on the tongue and get stained because of bacterial activity or contamination. This then leads to a different color – usually green or black. Nobody really knows why this condition appears, but too much smoking, bad dental health and excessive mouthwash use have been pinpointed…

Another common condition that could bring about green tongue would be oral thrush, a fungal infection that usually hits people with weak immune systems and also seniors. Usually, oral thrush leads to a white tongue, but after using antibiotics or eating, the tongue could turn green… 

A lot of other causes might exist out there for a green tongue, too. For one, it can be related to sore throat and to using antibiotics for a long time. Other things that could bring about a green tongue are smoking, mouthwash overuse and tongue infections. Also, certain toothpastes and mouthwashes might have ingredients or dyes in them that could bring about a green tongue…

Note: no mention of marijuana causing green tongue.
 

DUI BLOG

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

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Driver rehabilitation services allow drivers to work with specially trained driving instructors. Driver rehabilitation services in fact offer many things, including:

1) Driving evaluations. As drivers get older, driving ability may become a concern. While many drivers drive safely well into their senior years, some senior drivers develop medical conditions which affect their ability to drive. Since everyone ages differently, it can be difficult to determine exactly when driving ability starts to decline. Professionals offering driver rehabilitation offer evaluations for senior drivers and any drivers concerned about their driving ability. These evaluations can help pinpoint issues and problems before a North Miami car accident occurs. Driver rehabilitation professionals can also make suggestions, such as exercises for flexibility or new driving techniques to help drivers cope with changing needs.

2) Specialized driver training for new drivers. New drivers who have medical conditions or physical issues which affect driving often need different driving instruction than those who do not face these challenges. Driver rehabilitation services can offer specialized new driver training for those who are in wheelchairs as well as for new drivers who face learning disabilities or other issues which could affect driver training.

3) Specialized driver training for experienced drivers with different needs. Health conditions can sometimes change an experienced driver’s ability to drive safely. For example, a North Miami spinal cord injury patient may need to learn to drive all over again with reduced mobility. Someone who has suffered a stroke or other serious illness may also need to re-learn to drive with different abilities. Driver rehabilitation can help with these issues.

4) Specialized equipment training for new drivers and their families. Someone who has suffered from a serious illness and needs a wheelchair or other devices needs to learn how to use those devices when driving. Family members may also need to learn how to drive someone who is in a wheelchair or uses other medical devices. Driver rehabilitation can help teach these skills.

5) Assistance with accessibility features for vehicles. After a serious injury or medical condition, drivers sometimes need to use accessibility features to drive safely. Driver rehabilitation professionals can help drivers determine which accessibility features and devices can help – and how to use these features most effectively.

Driver rehabilitation can help any driver who has suffered an illness or injury which affects their driving ability. These services can cost considerable amounts, however. If the injury which has affected your driving was caused by negligence, contact a North Miami personal injury attorney to see whether you may be able to seek compensation to help pay for medical costs, driver rehabilitation costs, car accessibility features, and other costs related to your injury.

Florida Car Accident Lawyer Blog

In many cases, Hollywood traffic accidents are preventable. In some cases, a driver who has caused a car collision has a medical issue or a series of fender benders and other accidents that friends and family know about. If there is someone in your life that you feel is a problem driver and is at risk of causing a Hollywood truck accident or car accident, there are several things you can do:

1) Talk to the driver in a non-accusatory fashion. In many cases, motorists are defensive about their ability to drive and fearful that their independence will disappear if they can no longer drive. In these cases, it is important to listen to the driver and to show concern.

2) Find out the specific reason for a driver’s problems with driving. If it is a health condition or simply poor driving habits, there may be some way to help. A driver may be able to avoid a Hollywood car accident by speaking with their doctor about treatment or difference medications, for example. If poor habits are to blame, remedial driving lessons can be a big help.

3) Learn about transportation options and share them with the driver. A driver may be more willing to use other transportation options if they are convenient and affordable. Learning about the options can help a driver make a safer decision about their driving.

4) Don’t assume that elderly drivers are automatically unsafe. Driving ability has more to do with skills, choices, and health than with age. While the elderly are more susceptible to certain conditions which can affect driving ability, drivers of any age can make poor choices or develop health concerns that can make them a hazard on the road.

5) Learn about resources that can help. Florida’s Silver Alert system can send out if a driver goes missing. The Safe Mobility for Life program at the Florida Department of Transportation offers tips and information.

6) Speak to a doctor or have the problem driver speak to their doctor about their driving ability. If a health concern is the cause, proper treatment can go a long way towards reducing the risk. A doctor can also help a patient understand how their health can affect driving ability.

7) Get re-testing or one-on-one refresher courses with an experienced driving instructor. Re-testing and one-on-one sessions with driving instructors can help pinpoint and address problems. In some cases, additional training or even accessibility features in a car can help a motorist who is at risk drive safer.

Florida Car Accident Lawyer Blog

Authorities say that a Burlington, North Carolina man was involved in a series of accidents Wednesday. Police say the man caused two car accidents, involving six cars around 3:30 Wednesday afternoon. The North Carolina Highway Patrol reportedly responded to the scene of the second accident in the area, and troopers quickly concluded that one of the drivers had been involved in the two separate accidents that occurred minutes apart.

No serious injuries were reported in either car accident. But troopers reportedly arrested a Burlington man on suspicion of a string of serious charges at the scene of the second crash. Law enforcement believes that the man was under the influence.

He faces charges for allegedly driving while impaired, driving while revoked, driving with an open container in his vehicle, and careless and reckless driving. In addition to those charges, troopers accuse the man of felony hit and run.

Law enforcement booked the 30-year-old man into the Alamance County Jail where he was held on ,400 bond. Officials claim that the man also had an outstanding warrant for failure to appear for prior DWI charges.

Car accidents occur all over North Carolina on any given day. News reports often indicate whether or not police suspect the involvement of alcohol or drugs in most car accident stories. Often, people infer that drugs or alcohol are involved. But an inference of impairment remains an allegation in the eyes of the courts, unless and until there is proof beyond a reasonable doubt.

The presumption of innocence is an important concept that cannot be overlooked. Even when tragedy is involved, a defendant is protected by specified constitutional rights. Those important rights serve as part of the very foundation of our country.

Source: WGHP Fox 8, “Police: Burlington man charged with DWI after causing 2 wrecks,” Ryan Sullivan, Oct. 5, 2012

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