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The North Carolina Court of Appeals Tuesday upheld a Superior Court ruling throwing out three DWI convictions of a Fayetteville, North Carolina woman. The woman says that guilty pleas were entered on her behalf in 2006, but she never agreed to plead guilty and she says that she was not in court when she was convicted of the charges without her consent.

Last January, a Cumberland County judge overturned three prior convictions on a Fayetteville, North Carolina woman’s record that had been entered in 2006. The woman reportedly was charged with driving while impaired on three separate occasions in 2004 and 2006. Court records reportedly indicated that convictions were entered on all three charges in November 2006. When the woman was arrested in 2009 on suspicion of DWI, she was facing a potential felony DWI offense.

The Superior Court judge reportedly found serious flaws in the court records that raised questions about veracity of the court records. The judge considered the evidence presented, the legal arguments and the contents of the court records and overturned the prior convictions.

Prosecutors appealed that decision, arguing that the judge did not have jurisdiction to overturn the prior convictions. The Court of Appeals rejected that argument and upheld the lower court ruling. Prosecutors are considering an appeal to the state Supreme Court. If appealed, the North Carolina high court has discretion to accept or deny review of the appellate ruling.

This blog has recently discussed felony DWI charges under North Carolina law. Lawmakers are considering a proposal to make a third conviction for DWI within a 10 year time period a felony offense under the habitual DWI statute. Currently, a fourth conviction for DWI within 10 years can bring serious prison time as a habitual DWI offense. The Fayetteville woman challenged the prior convictions after being arrested in 2009 for an alleged DWI offense.

Source: Fayetteville Observer, “Appeals court says Cumberland County judge can overturn DWI convictions,” Paul Woolverton, April 3, 2013

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Last week, this blog discussed potential changes to the habitual driving while impaired standards under North Carolina law. However, the proposed change does not mean that authorities cannot already seek significant consequences for alleged repeat DWI offenders. North Carolina’s DWI and sentencing laws allow prosecutors to seek harsh consequences under the current law, and people accused of any level of DWI offense have the right to have representation to challenge the state’s lawyers in criminal court.

Two men in Gaston County are facing DWI allegations after police made two separate arrests roughly six hours apart. One of the cases involves an alleged repeat offender, while the other involves the claim that the man has been charged with three DWI offenses in roughly three months.

The first incident involved a man who reportedly has four prior DWI convictions dating back to 2010. He is now accused of a felony level offense of habitual DWI. Police claim that the 22-year-old Lincolnton, North Carolina man was speeding around 7:00 Monday evening on Interstate 85. He was later arrested for felony DWI after police made a traffic stop. He was booked into jail and held on 0,000 bond.

Several hours later, Gastonia Police stopped a vehicle, claiming that the license plate was not properly illuminated. The driver, a 53-year-old Lowell, North Carolina resident, told the officer at some point during the police encounter that he had taken some prescription medication, according to Gastonia Police.

The man later submitted a blood sample for toxicology testing, authorities say. He is charged with DWI. Police claim the he is facing DWI charges from incidents arising December 7, 2011 and on New Years’ Day. It is not clear from a story in the Gaston Gazette if those allegations also involve prescription medication, alcohol or some other substance.

Source: Gaston Gazette, “Men arrested for DWIs, again,” Diane Turbyfill, Feb. 19, 2013

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The National Traffic Safety Board Tuesday urged all 50 states to require that ignition interlock devices be used in all drunk driving cases. Ignition interlocks can be ordered in North Carolina DWI cases, generally in those involving high blood alcohol readings, or in cases involving repeat DWI offenders. The devices essentially act as an in-car Breathalyzer that is installed in the ignition system.

If a driver blows above a specified blood alcohol level, the car will not start. In March, this blog discussed a proposal to expand the use of ignition interlocks to all North Carolina DWI cases. Currently, seventeen states require the interlocks ion all drunk driving cases.

The NTSB recently analyzed the data from slightly more than 1,500 car accidents that occurred across the country between 2004 and 2009. The federal agency says that roughly 59 percent of wrong-way drivers involved in car accidents measured more than twice the legal limit for alcohol. After reviewing the crash data, the agency Tuesday announced two recommendations.

The first recommendation was for the states to require more use of the ignition interlock devices in DWI cases. The second recommendation urges a second federal agency, the National Highway Traffic Safety Administration, to speed up research on developing infrared technology for use in automobiles to detect alcohol. The NHSTA reportedly is working with auto manufacturers to research the technology. Infrared devices to detect alcohol generally can use touch- or breath-based technology to detect the presence of alcohol. The federal officials hope that an infrared alcohol detection device can be developed for use to install as standard equipment in all cars.

The recommendations reportedly are likely to receive resistance from the restaurant and alcohol industries, according to the Associated Press. A spokesperson for the American Beverage Institute, which represents thousands of restaurant chains in the United States, says that mandatory ignition interlock devices should be reserved for the more serious DWI cases. She says that, You don’t punish somebody going five miles over the speed limit the same way you do somebody going 50 miles over the speed limit,” according to the Associated Press.

Source: 13 ABC, “NTSB: Use ignition locks for all drunken drivers,” Associated Press, Dec. 12, 2012

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