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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

Mounties seized a loaded gun, cash, and thousands of dollars worth of illegal drugs in a bust in Stockton, Man., last week.

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Greenville DWI defense and underage alcohol defense lawyers know that law enforcement agencies in North Carolina commonly set up focused enforcement operations surrounding public events to enforce DWI and underage drinking laws. This weekend’s 2012 Azalea festival in Wilmington was no exception.

North Carolina Alcohol Law Enforcement agents issued citations or arrested 261 people over the weekend during the annual Azalea Festival. ALE officials say that a large number of the citations involved underage drinking during the enforcement operation that began Thursday and ran through Saturday. A total of 308 charges were brought against 261 people.

Underage drinking tickets can be somewhat confusing for many people. Because North Carolina law brings all criminal charges against a person who is at least 16-years-old in adult court, many people are later caught off guard when they learn that paying such a ticket is the equivalent of a criminal conviction that is entered of the person’s permanent adult criminal record.

ALE officials say that 107 people were charged with underage possession offenses during the weekend festival. In addition to the underage alcohol charges against individuals, two businesses were accused of providing alcohol to a minor, and those allegations reportedly were sent on to the North Carolina ABC Commission for review.

During the weekend event, 15 people were charged with using a fake ID. In North Carolina, mere possession of a fake ID is a criminal offense.

Fifteen people were charged with possession of marijuana at the festival. ALE officials accuse five people of driving while impaired surrounding the event. The DWI cases reportedly were turned over to the State Highway Patrol.

Source: Star News, “More than 260 arrested, cited during Azalea Festival,” April 16, 2012

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

While the number of drunk driving car accidents has slowly been declining in recent years across the country, the number of car accidents in the community involving drugged driving has been increasing. According to the National Highway Transportation Safety Administration (NHTSA), a third of all drivers killed in US car accidents in 2009 tested positive for drugs.

Like many communities, Miami Gardens has many plans in place to fight Miami Gardens drunk driving accidents. There are breathalyzer tests, roadside checks, and special programs to make drivers aware of the dangers of drunk driving. However, some experts say that not enough is done to make people aware of Miami Gardens car accidents and truck accidents involving drugs.

Part of the problem is that many people are not even aware of the types of drugs that can cause a serious Miami Gardens car collision. Experts list many potentially driver impairing (PDI) drugs which can cause car accidents. Among them are illegal drugs such as methamphetamines and marijuana. However, PDI drugs also include prescription medications and even innocuous over-the-counter drugs, including many popular flu and cold remedies. If drivers are not aware of the dangers of these drugs and do not take care to read labels, they can easily cause an accident.

Another problem is that some of the drugs which can cause Miami Gardens truck accidents and car accidents are illegal. Drugs such as methamphetamines and heroin, for example, can make drivers very unsafe and can also impair judgement to the point where a driver does not realize that they are too impaired to drive. Some experts have suggested that those who flout the law by taking illegal drugs may also ignore safe driving laws and anti-drunk-driving laws as well.

A third problem is that it can be very hard to discern and legislate drugged driving accidents. Breathalyzers and other tools that law enforcement officers use to catch drunk drivers may not work on drivers who are under the influence of drugs. Many drugs also do not leave any odor, the way that alcohol can. In many cases, law enforcement can only determine whether someone has been driving after doing drugs is to get the driver to take a drug test. In many cases, these types of tests are only administered after a fatal accident – after it is too late to stop an impaired driver.

If you have been in a Miami Gardens traffic accident that you think was caused by a driver who was under the influence of drugs, it is important to speak to an experienced Miami Gardens personal injury attorney. If the accident was caused by drugs, an attorney can investigate a driver’s medical records and background to determine whether drugs were a factor. If someone’s negligent use of drugs has caused an accident that has caused you injuries, that driver may be held liable for your injuries.

Florida Car Accident Lawyer Blog

The threshold for conducting a traffic stop is fairly low for police in Greenville, like anywhere in North Carolina. Law enforcement needs only a reasonable suspicion that some violation occurred for a court to determine the officer’s decision to conduct a traffic stop was reasonable. During a traffic stop, police often seek to find evidence to support a suspicion of potentially more serious offenses.

In some cases, the officer may attempt to rely on the original basis of the traffic stop to investigate an alleged suspicion of a driver who may have been driving while impaired. A Wilkesboro police officer says he spotted a motorcycle swerving while driving early Friday morning. The officer says he pulled over the motorcycle shortly after 1:00 a.m.

The officer claims he could smell the odor of alcohol on the motorcycle rider. Often an officer uses the smell of alcohol to further investigate allegations of DWI. The officer’s observation during the traffic stop has another purpose.

Under North Carolina law, there are two methods the state can use to try to prove allegation s of DWI. One method involves an alcohol test, such as a breath test to measure alcohol content. The legal limit is .08 in North Carolina.

The second method is through testimony by the officer regarding his or her alleged observations around the traffic stop, including potential observations of driving conduct before the stop. The officer may testify at trial about allegations of the smell of alcohol, slurred speech and other factors during a traffic stop. The officer may also be able to testify as to what statements a suspect allegedly made during the encounter.

In the Friday morning stop in Wilkesboro, police say the motorcyclist refused a breath test and refused field sobriety tests. Law enforcement claims the motorcyclist admitted to having two mixed drinks at a restaurant prior to driving. The motorcyclist was placed under arrest on suspicion of DWI.

Authorities say during the booking process at the jail the motorcycle rider took two bags of cocaine from his pocket. In addition to a DWI charge, the man faces drug possession and driving left of center charges related to the allegations. Bail reportedly is set at ,500 in the matter.

Source: WXII The Triad, “Motorcycle Rider Charged With DWI, Cocaine Possession,” 29 Jul 2011

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

December is National Drunk and Drugged Driving Prevention month. The National Highway Traffic Safety Administration says that roughly one of every five drivers killed in automobile accidents last year had drugs in their system at the time of the crash, according to recent NHTSA research.

Gil Kerlikowske, the White House Drug Policy Director, says the data is a “good first attempt” to greater understanding of the role drugs play in motor vehicle fatalities. All 50 states set .08 as the legal limit for blood alcohol levels as evidence that a driver is impaired including under North Carolina DWI laws. Researchers have not determined what level of specific drugs in a person’s system lead to impairment for drivers.

The NHTSA says that the new data does not clearly state that drugs were a factor in causing the fatal car accidents. More studies are necessary to determine the level of drugs that show whether a person is driving while impaired, according to the agency.

The NHTSA researchers say the numbers may also underreport the number of drivers who had drugs in their system. The agency says that only about three out of every five drivers killed in a motor vehicle accident were tested for drugs after the crash. Testing of accident victims varies from state to state. In 2009, roughly 33 percent of drivers who were killed and were later tested for drugs, tested positive.

The NHTSA research includes illegal drugs and prescription drugs. Aspirin, nicotine, alcohol and drugs administered during treatment after the accident were excluded from the study. The agency says that different drugs linger in the body for different periods of time. The agency did not determine how long before the crash the drugs were ingested by the drivers who tested positive.

The research says roughly 4000 of the 22,000 drivers killed in auto accidents last year tested positive.

Kerlikowske says as research and awareness of the “significant problem” increases, “there is just no reason we won’t be able to make progress” in the area of drug impairment. Kerlikowske says research and awareness has made strides in reducing driving while impaired related to alcohol.

Source: Associated Press, “Gov’t: Drugs were in 1 in 5 drivers killed in 2009,” 30 Nov 2010

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

From The Globe and Mail

Dear Dr. Wolf,

My 15-year-old son had been hanging around with older kids and started using serious drugs. Since we went into family counselling, he’s no longer using drugs, but he’s still doing things I don’t feel comfortable with – occasionally drinking and partying late. He says that we should now trust him. We have said that he can drink as long as it’s very limited and he tells us. We feel we are doing harm reduction, a compromise we can live with. But I worry about him constantly. At the same time, I was a rebel too and when my parents pushed me too hard I ran away. What should I do?

Afraid to Push

Century Council Blog