millerboycott.com

An out-of-state driver was recently pulled over by a North Carolina Highway Patrol trooper earlier this month. While it can be daunting for any driver to be pulled over for a traffic offense, or for a more serious investigation involving drunk driving, being pulled over in an unfamiliar state is always a difficult prospect.

As it turns out, the recent traffic stop involved reportedly involved the chief deputy from Martinsville, Virginia. She was ultimately arrested on suspicion of driving while impaired November 8. She is currently on administrative leave due to the DWI allegations, but her position in the Sheriff’s Office places her as second in command. The chief deputy was not on duty, and was driving her personal vehicle when the North Carolina trooper made the DWI arrest on U.S. 220 in Rockingham County, North Carolina.

A spokesperson in the highway patrol office in Rockingham County, North Carolina says that the DWI investigation is an open matter, and details of the DWI arrest have not been made publicly available, according to the Martinsville bulletin. However, the spokesperson did confirm the DWI arrest. The sheriff’s office in Martinsville, Virginia says that the situation is a personal matter, although the agency has placed the woman on leave and other disciplinary measures are being taken.

Sheriff’s officials in Virginia decided to publicly acknowledge the arrest after word of the DWI allegations began to spread throughout the community. But the public acknowledgement did not include any of the allegations.

It is important to note that DWI charges are matters that are brought in criminal court in North Carolina. Public information is not necessarily controlled by the same rules that are involved in court. Court rules and principles are intended to protect rights, maintain fairness and ensure that gossip or innuendo is not used to obtain criminal convictions.

Source: Martinsville Bulletin, “City deputy charged with DWI in North Carolina,” Nov. 20, 2012

• Our firm represents out-of-state drivers accused of traffic offenses and other criminal charges in the Greenville, North Carolina area. For more information on the firm, please visit the page for out-of-state drivers.

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

North Carolina authorities accuse a trucker of driving while impaired after a fatal accident occurred that involved three tractor-trailers on U.S. 74 October 2 near Columbus, North Carolina. Most North Carolina residents may be aware that the legal limit to drive is generally set at 0.08 percent blood alcohol concentration. But in a few specified circumstances, the legal limit may be lower than 0.08 percent BAC.

In the recent truck accident, it is not clear what level of alcohol authorities believe that the truck driver accused of starting a chain reaction accident may have had. The North Carolina State Highway Patrol claims that the out-of-state driver smelled of alcohol, and toxicology tests of a blood sample remain pending. Troopers claim that two open containers from 24-ounce beers were found in the cab of the tractor-trailer the trucker was driving when he crashed.

Authorities say the trucker lost control of his rig at the North Carolina Highway 9 exit along U.S. 74. Troopers say that his rig rolled onto its side. A second tractor-trailer then slammed into the wrecked rig-followed by a third rig slamming into the pile.

The driver of the truck that slammed into the initial wrecked rig suffered fatal injuries. The out-of-state commercial truck driver that initially rolled his rig is accused of DWI of a commercial vehicle, drinking while driving a commercial vehicle, open container and reckless driving-authorities say that more charges are pending.

This blog has discussed the special rules for underage drivers that allow the state to seek underage DUI charges based upon any measurable evidence of alcohol. Underage drinking and driving charges do not preclude normal DWI charges, however, if there is evidence showing a 0.08 percent BAC to support DWI charges.

Similarly, in the case of commercial drivers, there is also a lower limit for drunk driving charges. Authorities may prosecute a commercial driver for DWI under North Carolina law based upon a 0.04 percent BAC reading.

Source: Times-News, “Tractor-trailer driver charged with DWI in wreck that killed 1,” Mark Schulman, Oct. 12, 2012

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