millerboycott.com

We have discussed issues involving allegations of underage drinking and driving on several occasions. Generally, North Carolina law says that underage drinking is prohibited in general. When it comes to driving, a person may be charged with an underage DUI offense based upon any evidence of alcohol in his or her system.

But the existence of the zero tolerance policy for underage drinking and driving does not mean that a person under the age of 21 cannot be accused of driving while impaired charges. The legal limit of 0.08 percent blood alcohol concentration applies to underage drivers as well.

Similarly, if law enforcement believes there is enough evidence of impairment, prosecutors may seek DWI charges based upon the evidence of impairment.

A Greenville, North Carolina teenager is accused of DWI after a car accident was reported Thursday Evening in Lenoir County, North Carolina. Troopers claim that the Greenville teen lost control of the Dodge Challenger he was driving on Rouse Road in Kinston, North Carolina around 7:00 Thursday evening. The car reportedly went through the ditch, struck a tree and crashed into a house.

Nobody was in the home at the time of the wreck. The 18-year-old driver and his 18-year-old passenger form Dover, North Carolina were not injured. Authorities estimate that the accident caused ,000 damage to the home.

The Greenville, North Carolina teen is charged with DWI and reckless driving related to the allegations. It is not clear what evidence led troopers to suspect the young man was impaired at the time of the accident.

Source: WBTW, “NC teen crashes car into house, faces DWI charge, police say,” May 3, 2013  

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

A joint effort by several law enforcement agencies in Pitt County recently used a sobriety checkpoint to bring charges against 95 drivers in Greenville, North Carolina. The Greenville Police Department, the Pitt County Sheriff’s Office, along with police from East Carolina University, the North Carolina Highway Patrol and officers from the Ayden, Grifton and Vidant police departments joined together to run a DWI checkpoint on Allen Road in Greenville recently. Law enforcement plans to use checkpoints again in the future.

Authorities say that six people were arrested at the recent Greenville, North Carolina checkpoint on suspicion of driving while impaired. However, police say that another 89 drivers are facing a variety of other charges based upon the use of the DWI checkpoint.

Authorities say that 17 people were found to be driving with a revoked license during the roadblock check. A dozen were allegedly found to be driving without a valid license. Police accuse a number of people of a variety of traffic offenses–several people are facing drug charges, and other felony arrests were also made in the law enforcement effort to enforce DWI laws.

Not all states allow law enforcement to conduct sobriety checkpoints. Most North Carolina drivers are aware the DWI checkpoints are used throughout the state to enforce North Carolina drunk driving laws. Some out-of-state visitors, or students who study in North Carolina, may be surprised that DWI checkpoints are used in the state, especially those out-of-state drivers who hail from the states that have outlawed sobriety checkpoints.

The United States Supreme Court says that the use of checkpoints to enforce DWI laws is constitutional as long as the roadblocks are conducted with proper safeguards to protect the integrity of the law enforcement action.

In other words, a checkpoint cannot be set up and run at the whim of law enforcement, but when properly conducted, a DWI checkpoint may be constitutionally sound, according to the nation’s highest court (some of the states that do not allow sobriety checkpoints do not allow the roadblocks under state constitutional protections).

However, just because North Carolina generally allows for sobriety checkpoints, drivers accused of DWI should not be shy to contact a DWI defense lawyer regarding the allegations involved in an individual case.

Source: WNCT, “Greenville DWI check nets 95 violations, including 6 DWI’s,” Jonathan Rodriguez, updated March 4, 2013

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

Agents with the North Carolina Division of Alcohol Law Enforcement teamed up with Greenville Police over Halloween. A sergeant with Greenville Police told The East Carolinian at ECU that Halloween night went better this year than it has in recent years. He says that with Halloween falling in the middle of the week, less people were downtown on the annual night for costumes and parties.

The police sergeant says that the numbers were down this year in Downtown Greenville, North Carolina. Nonetheless, agents and officers dished out more than 70 citations for alcohol-related offenses. Authorities released the Halloween totals this week. More than 100 people were charged with some sort of offense, with 73 cases involving allegations of alcohol offenses.

Leading the way were citations for underage possession of alcohol, which numbered 40. Twenty two people were charged for underage consumption and 11 people were charged with open container violations.

The Greenville Police sergeant says that many students found other things to do than drink alcohol this year. However, added security measures were put in place for the downtown area. Officers blocked off the area with barricades and officers were on patrol. A security checkpoint was also set up for the area.

State officials also released information about the statewide Booze It and Lose It” increased drunk driving campaign that ran from October 26 through Halloween. Statewide, law enforcement agencies arrested 729 drivers on suspicion of driving while impaired in North Carolina.

Pitt county agencies conducted 33 saturation patrols and set up 12 DWI checkpoints in conjunction with the campaign. Pitt County law enforcement agencies charged 14 drivers over the age of 21 with DWI and 17 people were charged with underage DUI in the campaign.

Source: The East Carolinian, “Citation numbers released for Halloween ’12,” Melanie Jock, Nov. 8, 2012.

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

A 21-year-old Havelock, North Carolina, man was booked into the Pitt County Detention Center early Saturday on a string of allegations. Greenville Police claim that the man, who reportedly is a Cherry Point Marine, had an altercation with his girlfriend around 2:45 Saturday morning on Stancil Drive.

Police accuse the man of driving while impaired, hit and run with injury and a variety of assault charges after an alleged domestic disturbance in Greenville, North Carolina. News reports provide a few of the allegations against the man, but the details about the alleged events remain sketchy.

Police assert that the man’s girlfriend says that the Lance Corporal fought with her in Greenville and matters grew worse. The woman says that the Marine left after the dispute. As he was leaving, the 26-year-old woman claims that her boyfriend drove his car over her legs.

Witnesses to the alleged dispute say that the young man assaulted them when they tried to step in to stop the alleged dispute.

Greenville Police say that the woman was taken to Vidant Medical Center with leg injuries. Media reports do not indicate the woman’s condition at the hospital.

Police reportedly found the Havelock man sitting in his car in a parking lot. He was arrested on DWI and hit and run charges. Police also accuse the man of assault with a deadly weapon, assault on a female and two additional counts of simple assault. Sources say that the man was held in jail on a ,000 secured bond.

Sources:

• The Greenville Reflector, “Man arrested after assault with car,” Sep. 17, 2012
• WITN News, “Marine Accused Of Running Over Friend With Car In Greenville,” Sep. 17, 2012

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

A 20-year-old Greenville, North Carolina man was recently arrested at his home on a string of serious criminal charges. Law enforcement claims that an incident at a convenience store sparked an investigation that led to the man’s home.

A Greenville Police officer claims the young man attempted to buy beer at the Greenville convenience using a fake ID. Authorities claim that the store clerk refused to sell the beer, because the clerk believed that the date of birth on the license had been altered. Apparently, law enforcement believes an argument broke out over the alleged fake ID.

Police say the young man left the convenience store and a Greenville officer claims to have followed the man home. Law enforcement says that marijuana was sitting in plain sight inside the young man’s home during the arrest. Police further assert that lights and equipment that police believe are associated with an alleged marijuana grow were seen inside the residence.

Law enforcement took the young man into custody at his home, according to WNCT News. The young man was booked into jail and held on ,000 bond earlier this month on suspicion of possession of stolen property, resisting, delaying and obstructing an officer, possession of drug paraphernalia and possession of marijuana charges.

Generally, North Carolina law makes the alleged possession of a fake ID a crime. Under the tough North Carolina laws aimed at controlling underage drinking, a person does not necessarily have to attempt to use a fake ID to purchase alcohol to face criminal fake ID charges.

It is important for teens and young adults to consider speaking with an experienced Pitt County criminal defense lawyer when facing any level of charge in North Carolina for a review of the facts and top protect his or her rights in court.

Source: WNCT, “Greenville man faces multiple charges after trying to use fake ID to buy beer,” May 8, 2012

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

Emergency responders extricated a 25-year-old Marine from his vehicle Sunday morning after a single car crash. The Marine, who reportedly is stationed at Camp LeJuene, was flown to Greenville with injuries sustained in the accident. Authorities say the service member crashed his pickup truck into a tree Late Saturday night into Sunday morning-the accident reportedly occurred shortly after midnight.

The Marine is reportedly recovering at Vidant Medical Center, formerly known as Pitt County Memorial Hospital. When the young man is released from the hospital, authorities say that he will be arrested on suspicion of driving while impaired. In addition to the North Carolina DWI charge, law enforcement says the Marine will be facing charges for reckless driving and driving with a revoked license.

Sources indicate that the Marine was convicted of DWI in 2010. He reportedly is still on probation for the prior DWI case. In addition to probation from the 2010 DWI allegations, the Marine had his driver’s license revoked, according to news reports.

Driving with a suspended or revoked license itself can cause grief for drivers in North Carolina. State law makes license suspension automatic if a driver gets too many traffic tickets in a short period of time. DWI laws also provide processes for suspending or revoking a driver’s license in the state related to the DWI allegations.

Anyone facing DWI charges in Pitt County, or individuals facing driving while revoked or suspended charges, should consider speaking with an experienced Greenville DWI defense attorney who can review a specific situation and help a defendant to navigate the legal process.

Source: Jacksonville Daily News, “Hospitalized Marine faces DWI charges,” Lindell Kay, Feb. 20, 2012

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

State officials say that recent car accidents in the area led to a sweep of Greenville Businesses by North Carolina Alcohol Law Enforcement (ALE) agents last week. Pitt County Alcohol Beverage Control (ABC) officers also took part in the sweep. The sweep extended beyond businesses as one private residence was also searched during the three day operation.

Diane Chapin, ALE special agent in charge says law enforcement made 202 arrests for suspicion of underage drinking and other charges during the sweep. An April 14 search of a private residence resulted in a number of charges for four people aged 19 to 20 years old. The charges at the residence include aiding and abetting underage people in obtaining beer and liquor, selling alcohol without a proper permit or license and underage possession of alcohol.

Chapin says college students often throw parties and obtain a cover charge for admission to the party. She says “if you charge anything for alcohol before drinking, you’re selling.” That is the alleged basis for the charges related to selling alcohol without permits or licenses.

ABC violations were also levied during the sweep against three Greenville nightclubs for selling alcohol to individuals under 21 years of age. In addition to the nightclubs, a charge for selling and possession for sale of alcoholic beverages was issued to an individual after a separate business was searched on April 16.

In all, 65 citations were issued for underage consumption. The sweep brought 38 citations for possession of alcohol by 19 or 20 year olds. An additional 37 citations were issued for possession of alcohol by an underage person. Twenty five people were cited for using a fake ID to purchase alcohol or enter a place where alcohol is served.

Under North Carolina law, all of the citations are criminal charges. A conviction for any of the charges becomes part of an individual’s permanent criminal record.

Source: Greenville Daily Reflector, “Wrecks prompt sweep by ALE agents,” Michael Abramowitz 26 Apr 2011

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

If you have been charged with a crime, you want an experienced attorney to protect your constitutional rights, one who knows and understands both sides of the law, and who can anticipate the strategies prosecutors will employ to seek a conviction. The criminal process can be confusing and intimidating, with its own language and set of rules. You want a lawyer who has successfully protected the rights of others in situations like yours.

At the law office of Matthew J. Davenport, we offer extensive experience on both sides of a criminal prosecution. Before setting up our practice, Matt Davenport worked in the Pitt County prosecutor’s office, where he trained many of the prosecutors practicing today. With office just blocks from East Carolina University, we provide comprehensive counsel to many students and other members of the university community.

Our Criminal Defense Blog

This blog was set up to provide useful information to people throughout the Greenville area who have questions or concerns about criminal law matters. We will post articles to the blog on a regular basis, addressing a wide range of topics, including:

• Underage drinking and related offenses. We handle all matters related to underage drinking, including minors in possession and underage DWI. We also handle any other charges that might arise, including public intoxication, resisting arrest, using a fake ID or violation of open container laws. We also protect the rights of people who have refused to take a breath test.
• First offense DWI. North Carolina has a zero tolerance policy regarding underage DWI. You may be stopped and charged with drunk driving simply because the police officer claims to smell alcohol on your breath. We will help you protect your rights and ensure that you are not treated like a hardened criminal.
• The driver’s license suspension process. We handle the administrative proceeding to determine the status of your driving privileges.
• Vehicular assault

We encourage you to actively participate in this blog. Please post any questions, concerns or comments you have about any subject matter discussed here.

Contact Attorney Matt Davenport

We offer a free initial consultation to all clients. To arrange an appointment, contact our office by e-mail or call us toll free at 866-346-2985.

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