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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

The Canadian Judicial Council has announced the appointment of Suzanne Cote as new independent council in the inquiry into the conduct of Associate Chief Justice Lori Douglas.
Manitoba stories

Prosecutors turned to the North Carolina habitual felon statutes in a drunk driving case against a Leland, North Carolina, man. Authorities arrested the man in November on suspicion of driving while impaired. A grand jury later indicted the man as a habitual impaired driver, based in part on evidence that the man had a number of prior impaired driving arrests on his record.

Authorities say that the November 2011 DWI arrest was the 49-year-old defendant’s eighth DWI arrest. Prosecutors say that the man failed field sobriety tests and tested for a 0.10 blood alcohol level in a test on the night of the DWI arrest.

Prosecutors looked to the man’s overall criminal history and say that he has had numerous drunk driving charges, as well as 19 other criminal convictions, the bulk of which are reportedly for felony level offenses. Authorities say the man has priors for forgery, possession of stolen property, drug crimes and breaking and entering.

The habitual felon enhancements significantly increased the Leland man’s exposure to prison time. The defendant was sentenced to about two years behind bars for the November DWI allegations. The two years would have been the maximum sentence allowed, except for the habitual felon statutes. The habitual felon sentencing enhancements more than quadrupled the man’s overall sentence. The judge imposed a sentence of 108 to 138 months-or 9 to 11.5 years– in prison.

The 49-year-old was first convicted of DWI in 1993. He also has prior DWI convictions from 1996, 2000, 2002, 2004, 2006 and 2007. The 2007 conviction resulted in a sentence of 1 year and 8 months.

Sources:

• Star News Online, “Habitual drunken driver gets lengthy prison sentence,” F.T. Norton, July 25, 2012
• WECT “Following 8th DWI conviction, man sentenced to minimum of 9 years,” July 30, 2012

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

In today’s news, another cop caught drunk driving and hiding behind the Blue Wall….

Judge Lets Off Statie Chased by Officers


Boston, MA.  July 17 — The state police captain who yesterday admitted prosecutors had enough to prove he was guilty of leading Saugus cops on a late-night chase could be back patrolling Bay State highways in days after a judge gave him a break, state police and prosecutors say.

A Lynn District Court judge continued motor vehicle charges against Capt. Thomas McCarthy without a finding, meaning if the 47-year-old superior officer keeps his nose clean for six months, the charges will be wiped from his record…

Prosecutors had sought drunken driving charges against McCarthy, of Stoneham, after police said he smelled of booze and had an open beer in his cruiser when police stopped him on Route 1 in Saugus on Nov. 19, but a clerk magistrate said there was “insufficient evidence,” because cops never performed a field sobriety test.

Further information was provided in another newspaper article today:

 

….Saugus Police Officer James Scott’s report said McCarthy led Scott and other officers on a pursuit down Route 1 and in Saugus on Nov. 19, 2011. Scott noticed the smell of alcohol on McCarthy’s breath, according to Scott’s report, and officers found an empty beer bottle and two unopened bottles in what State Police last November described as McCarthy’s unmarked cruiser…

Scott wrote in his report that he spotted a black sedan “cross over the center yellow line on numerous occasions” on Central Street just before 11 p.m. last Nov. 19.

The car’s driver did not initially pull over when Scott activated his cruiser lights, but subsequently pulled over on Main Street, according to the report.

Scott recognized McCarthy and “could smell the odor of an alcoholic beverage on his breath,” according to the report.

Scott asked McCarthy to get out of the car at which point McCarthy told him, “You’ve got to be kidding me, I’m outta here,” according to the report.

Scott and two other Saugus police cruisers pursued McCarthy onto Route 1 and into Square One Mall near Sears, where McCarthy stopped. McCarthy, according to reports, did not initially follow Scott’s orders to throw his keys out of the car.

After he got out of the car, McCarthy refused, according to Scott, to put one arm behind his back. Scott grabbed McCarthy’s right arm and pulled him to the ground, according to the report…

 

For those of you who aren’t familiar with the double standard known as the "Blue Code", see a few of my past posts:  The Blue Cover-Up, Guarding the Guardians, The DUI Double Standard and Crossing the Thin Blue Line.
 

DUI BLOG

The Montana Legislature may convene only every other year for a few months, but they are making it count!

A little background—the Law and Justice Interim Committee (LJIC) is a joint bipartisan committee that meets between legislative sessions, and during the 2009-2010 interim, the committee set as its top priority the study of Montana’s DUI laws. In a comprehensive report to the 62nd Legislature, the LJIC included specific recommendations for preventing underage drinking, strengthening treatment and supervision, revising criminal procedures, and enacting new laws.

Those recommendations—now transformed into a large and diverse legislative package—are the topic of fruitful discussion. In the past two days, the Senate and House Judiciary Committees have conducted hearings on nearly twenty bills. The Century Council was pleased to submit proponent testimony and letters of support for four of these bills:

SB 15- Establishes the offense of aggravated DUI with penalties for high BAC drivers (we recommend .15 BAC as the high BAC threshold.)

SB 39- Expands the powers of park rangers and game wardens, allowing them to issue Minors in Possession (MIP) citations. This would allow those officers of the law to issue citations for violations they find happening on the 30 million acres of the state they patrol.

HB 12- Extends the maximum possible jail sentence for certain DUI offenders.

HB 14- Eliminates the five-year look back period, improving identification of repeat offenders for purposes of license suspension and sentencing upon conviction of DUI.

The Century Council continues to monitor these, and other related bills, that will strengthen Montana’s drunk driving and underage drinking laws.

Century Council Blog

After serving as a quiet yet proud backdrop to a ceremony honouring fallen soldiers at the Manitoba legislature Thursday, a Canadian flag that once flew high above Afghan soil will now be thrust into a spotlight of its own.

Winnipeg Sun – Manitoba