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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

Following concerns that sleeping pills may stay in the bloodstream longer than thought, the FDA has announced that it will require manufacturers of the popular sleeping pill zolpidem – more commonly known by brand names such as Edluar and Ambien – to slash dosage recommendations. The move comes amid new information that the pills may be causing morning drowsiness that can lead to car crashes and other problems. New research suggests that women in particular can process the drug slowly, which can mean that the effects can linger even in the mornings. Other drugs will not be affected.

Under FDA rules, recommended dosages for zolpidem will drop from 10 milligrams to 5 milligrams and will drop to 6.25 milligrams (from a current 12.5 milligrams) for the extended-release products. Last year, a study published in the British Medical Journal determined that up to 500 000 fatalities in the US in 2010 may have been linked to sleeping pill use. The same study concluded that users of sleeping pills increase their risk of early death by fivefold. The FDA has asked for more research from manufacturers of sleeping pills, asking them to complete driver simulations and other research.

Currently, there are no specific studies examining the sleeping aid-related risks of car and truck accidents in Miami and other Florida communities. However, the study published in the British Medical suggests that a number of traffic and car accidents in Miami and other communities may be caused by sleeping pill use and abuse. To reduce the risk of this type of accident, make sure that you:

1) Keep track of any symptoms related to sleep disorders. If you notice snoring, fatigued, disturbed sleep patterns, or other symptoms, speak with your doctor to find a solution. Untreated sleep disorders can cause you to fall asleep at the wheel and can increase your risk of a traffic accident.

2) Consider alternatives to sleeping pills. Work with your doctor to come up with a treatment plan. In some cases, lifestyle changes or even changing your sleeping conditions can help you get a better night of rest.

3) If you do take any sleeping pills, speak with your doctor and pharmacist. Make sure the medications do not interact with other medication you may be taking and heed any warnings on the labels. Take the smallest dose of sleeping pills you need and be especially careful when taking a new type of sleeping pill or changing your dosage – as your body adjusts, you may be more sleepy in the mornings or may be more groggy than usual.

4) Get into the habit of checking your fitness to drive before you get into the car. Whether your drowsiness is caused by sleeping pills, sleep disorders, or another reason, if you feel very fatigued when driving you may cause a traffic accident in Miami or your community. Avoid driving when you feel too tired.

Florida Car Accident Lawyer 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

A Manitoba jailhouse drug conspiracy case has concluded with prosecutors securing convictions against several key players, including an aboriginal elder working at Headingley Correctional Centre.

Manitoba stories

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

North Carolina law enforcement says that mother threw a party for her daughter and up to 400 other people June 30. The daughter is 19-years-old. The young woman reportedly had applied for a block party permit, but had been denied. Authorities say that the 48-year-old woman then held a huge party that including guests under the age of 18. The woman is now accused of alcohol and drug offenses. Neighbors say that the woman did not throw the party, but only allowed her daughter to have the event.

Police say that they knew about the party, due to the application for a permit. Authorities in Winston-Salem had denied the permit due to the time of day (10:00 p.m. to 2:00 a.m.). Law enforcement visited the neighborhood at some point to check on traffic flow. Authorities claim that they spoke to the mother, and warned her about potential underage drinking violations.

Law enforcement claims that a neighbor called in a complaint about alleged marijuana use at the party. Officers reportedly returned to the neighborhood after the complaint, which reportedly came in just after midnight. Police say that beer cans, bottles and other items were strewn about the yard of the home of the mother. Police claim that an underage person was found at the party who was in need of medical assistance.

Police requested to search the woman’s home, but she reportedly asserted her right to be free from unreasonable government intrusion. Authorities later obtained a search warrant, and claim that evidence of underage drinking and illegal drug use was found inside the residence.

The woman has been charged with a variety of underage alcohol offenses and drug charges, including possession of marijuana, and maintaining a dwelling for the purpose of violating drug crime laws. She was booked into jail on ,000 bond.

The daughter faces charges for allegedly aiding and abetting underage alcohol offenses and for underage drinking.

Thirteen people who allegedly attended the party have been charged with underage drinking offenses. One person faces North Carolina DWI charges. The additional people face drug charges in the aftermath of the party.

Source: WMFY-TV, “Police: Winston-Salem Mom Provided Drugs, Alcohol At Party For Minors,” July 2, 2012

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

The prosecution’s evidence in many drunk driving cases relies heavily upon the testimony of a forensic toxicologist — an expert in blood and breath alcohol analysis.  In most cases, these "experts" are not independent witnesses, but either work for the police crime lab or have lucrative contracts with law enforcement.  

Increasingly over recent years, the role of these witnesses — who are presented to juries as objective and impartial scientists — has shifted from objectivity to one of being "team players" who will testify in support of the government’s case, regardless of the facts.  And, unfortunately, the defendant is rarely able to afford a truly independent expert to present a more objective view of the blood or breath alcohol analysis.

Just as the objectivity of the prosecution’s "expert" has shifted, so has the incidence of these professional witness’ fraudulent qualifications… 

Court’s Drug Expert Called a Fraud

Dallas, TX.  July 2 – A presumed expert in alcohol, DNA and drug testing, who has testified in hundreds of family and criminal cases, is an unqualified imposter with no college degree, according to a class action in Dallas County Court.

Lead plaintiff B.W.D. sued James W. Turnage, his company Forensic DNA & Drug Testing Services, and Medtox Scientific, in Dallas County Court.

B.W.D. claims that as a result of Turnage’s flawed testimony, thousands of parents have lost access to their children and countless citizens are behind bars…

B.W.D. says Turnage holds himself out as an expert in drug testing and evaluating drug test results, and that Turnage has been appointed to do drug tests in custody disputes and criminal matters in Dallas, Tarrant, Collin and Denton counties for years.

"Turnage, however, lacks even the minimal educational requirements to work in any technical job in a licensed drug and alcohol testing laboratory," the complaint states. "Turner has no college degree and is not a toxicologist; he is an imposter. He has masqueraded for years as a technical or scientific expert in the field of toxicology or drug and alcohol testing and has presented himself to the public and the courts as an expert witness by disseminating non-peer review papers to the legal community that contain false scientific information and data cut and pasted without cited references."

The plaintiff claims that Turnage is qualified only to be a specimen collector, and has failed to distinguish between that job and that of a forensic toxicologist, who is a qualified expert with years of scientific training.

"The impact of Turnage’s unsupervised, unchecked, unregulated mishandling of specimens and his unregulated and unqualified interpretations of test results or deliberate manipulation of the process has a far reaching effect on the citizens of Dallas, Collin, Denton and Tarrant Counties," the complaint states.

"Literally thousands of mothers and fathers have been denied possession of their children and countless number of citizens are behind bars based on Turnage’s handling of the specimens and his interpretation of the test results."

B.W.D. says he submitted urine specimens to Turnage for drug tests, for a child custody matter in March 2010.

Five months later, B.W.D. claims, Turnage testified that a urine specimen he submitted that was analyzed by Medtox was invalid due to dilution.

B.W.D. claims Medtox’s results did not indicate dilution and that because of Turnage’s misrepresentation, he was forced to agree to weekly random urinalysis for alcohol and drugs, installation of a breathalyzer in his car for a year and other onerous terms, to maintain joint custody of his daughter…

B.W.D. claims he has taken about 60 tests with other labs contemporaneously with Turnage’s tests and passed all of them, yet several of Turnage’s test results have come back with false positives, have been resubmitted for retesting, have been tainted or invalidated or were sent to Medtox well beyond 24 hours after collection…

This was a civil child custody case, but as indicated in the story, the same "expert" testifies for the prosecution in criminal cases as well — presumably, to help convict citizens accused of drunk driving.

(Thanks to attorney Michael Kessler of Florida.)
 

DUI BLOG

Mounties have arrested 30 people and laid a hundred drug-trafficking charges in a recent bust dubbed Project Demerit.

Manitoba stories

A man is facing more drug charges after a bust at a residence in Portage la Prairie earlier this month.
Manitoba stories

Last Wednesday, a new law took effect in North Carolina banning the sales, manufacture or possession of synthetic forms of marijuana or cocaine, also known as spice and bath salts. That same day two Marines stationed at Camp Lejeune were arrested after a car wreck in Jacksonville. An 18-year-old marine who reportedly was driving a 2009 Ford Fusion involved in the wreck now faces North Carolina charges, including driving while impaired.

Jacksonville Police say the 18-year-old crashed the Ford into a truck sales building in Jacksonville around 4:25 p.m. After crashing into the building, law enforcement says the driver backed away from the crash and re-entered traffic. The Ford reportedly travelled to N.C. 24, where the driver is accused of entering traffic in the wrong direction.

The Ford reportedly struck several vehicles on the highway before crossing the median, three traffic lanes and the bicycle path. Police say the Ford then slammed into the Camp Lejeune fence. No injuries are reported from the alleged incident.

Jacksonville Police claim the driver and a 21-year-old passenger admitted to police after the incident that they had been smoking spice. Police arrested both men after the alleged incident.

The 18-year-old driver has been charged with DWI and careless driving. The 21-year-old passenger, who is also a Marine, was charged with possession of a controlled synthetic cannabanoid known as spice.

The driver was held in the Onslow County Jail. The passenger was cited for the alleged drug offense and released into the custody of Camp Lejeune authorities.

The alleged incident and the charges all occurred on the first day that the new law banning certain synthetic drugs, such as spice, went into effect in North Carolina.

Source: WNCT, “Accident leads to Spice arrest,” 3 Jun 2011

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