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Discrepancies in police reports recently led to the dismissal of charges of driving while impaired that had been filed against a woman in Brunswick County, North Carolina. The charges apparently arose after the woman encountered a police officer outside the Sunset Beach Police Department.

The officer later testified in court concerning the allegations. The DWI defense lawyer handling the case noted discrepancies between the officer’s testimony and what was written in typed police reports concerning the allegations.

Authorities had accused the woman of driving to the police station while impaired last May. However, her son says that she was standing outside the station speaking with officers when the arresting officer drove up to the station and arrested the mother for DWI—that is while standing and talking with other officers.

The officer later testified in court that he approached the woman in her car and spoke to her while she sat in the vehicle. The police reports apparently showed discrepancies with that testimony. The DWI case was appealed the district court proceeding for a trial before a jury in Superior Court.

Ultimately, the DWI charges were dismissed. The arrested Sunset Beach Police officer was suspended after police brass met with the DA’s office. The police chief announced the suspension after the meeting—authorities determined that an ethical issue may have been involved in the odd testimony.

DWI charges can carry harsh consequences. But allegations that a driver was impaired behind the wheel are merely allegations. A person accused of DWI has the right to challenge the charges in court. The state is not entitled to a conviction without proof beyond a reasonable doubt on all the elements of a crime.

Source: WECT, “Conflicting reports surround investigation into Sunset Beach Police officer.” April 30, 2013 WWAY, “Defense attorney says issue that led to officer’s suspension something he’s never seen,” Brandon Taylor, April 29, 2013

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

A North Carolina brewer hoped to sell three ounce “shooters” in grocery and convenience stores in the state. However, officials raised concerns over the product. The North Carolina Alcohol Beverage Control Commission grew wary of the malt beverage product, fearing that the shooters would encourage underage drinking.

Stout Brewing had proposed to sell the product dubbed Stout 21 in three ounce vials with a twist off top. The flavored high alcohol beverages would have come in a variety of flavors, including apple pie and margarita.

State officials say that the three ounce vials would contain as much alcohol as a normal can of beer, in a much smaller package. The ABC Commission denied the company’s request to market the shooters based upon a fear that teens would find the product attractive.

In addition to the high alcoholic concentration of the product, ABC officials say that teens would be drawn to the product because of its size and ease of concealment. The brewer says that the product would be marketed to people of legal age to drink in the 21- to 35-year age bracket. The state ABC Commission recently voted unanimously to reject the proposal.

North Carolina officials take underage drinking seriously. Followers of this blog may recognize that state authorities and local law enforcement agencies seek to enforce laws prohibiting underage drinking rather aggressively. North Carolina law even makes simple possession of a fake ID a crime, which is aimed at least in part to control underage possession and consumption of alcohol.

Students and teens who are under the age of 21 should be aware that a citation for an alcohol offense can have long term consequences. Because underage alcohol offenses are a crime, and North Carolina law brings charges against a person 16-years-old or more in adult court, paying a fine on an underage alcohol citation will create a criminal record for a teen. Parents and teens should consider seeking the advice of legal counsel when allegations of an underage alcohol offense arise.

Source: WRAL, “Plan for 3-ounce alcohol drink falls flat,” March 20, 2013

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

A group of cottage and business owners along Lake Manitoba contend the province is responsible for damage to their properties from the 2011 flood in a 0-million class action lawsuit.
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A group of cottage and business owners along Lake Manitoba contend the province is responsible for damage to their properties from the 2011 flood in a 0-million class action lawsuit.
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Throughout the year, North Carolina law enforcement agencies use saturation patrols and sobriety checkpoints during operations to enforce North Carolina driving while impaired laws. But many holidays bring extra attention for statewide DWI enforcement efforts. Many people all across the country attend parties or go to bars to drink green beer and party on St. Patrick’s Day. This year, the annual unofficial spring holiday falls on a Sunday.

Law enforcement agencies across the state are planning on extra enforcement efforts throughout the weekend in the belief that St. Patrick’s celebrations will extend to the entire weekend, beginning Friday.

Local agencies in Pitt County generally have some kind of extra enforcement plans for events or holidays that police believe may bring out more revelers than the average weekend. State officials say that law enforcement agencies statewide will be participating in a St. Patrick’s Day “Booze It and Lose It” DWI enforcement campaign.

This year, officials from the Governor’s Highway Safety Program say that law enforcement will unveil a new North Carolina BATMobile during the weekend. The concept of the BATMobile is not new, we have discussed to units in previous posts. However, state officials say the new 40 foot mobile unit has two magistrate stations and six breath testing stations to facilitate DWI investigations and allegations.

St. Patrick’s Day fell on a Saturday last year. With the day falling on the weekend law enforcement charged 819 people with DWI or underage drinking and driving across the state. As we reported last year, more than 100 of the 800 plus drunk driving arrests last year involved underage drinkers. This year the weekend DWI enforcement campaign will run Friday through Sunday March 17.

Source: WECT, “BATMobile to be unveiled in St. Patrick’s Day ‘Booze It & Lose It’,” Debra Worley, March 13, 2013

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

An out-of-state driver is accused of calling 911 during a roughly 15 minute police chase and spending roughly 10 minutes with the 911 dispatcher negotiating a fee to pull over. The Brunswick County Sheriff’s Department says that a deputy sought to conduct a traffic stop around 11:25 Monday night. Authorities claim that the Myrtle Beach woman not only failed to pull over, but also called 911. During the call, authorities say that the woman said that no emergency existed and she requested a 0,000 fee to pull over.

Deputies claim that they chased the woman in her SUV for roughly 15 minutes. Authorities claim that the woman reached speeds of roughly 70 miles per hour in a 45 zone during the police chase. The chase reportedly ended when the 37-year-old woman accused of offering to pull over for a 300-grand fee reached a dead end on the road and pulled into a private driveway.

Law enforcement says that the woman was impaired during the alleged incident. Deputies say that they had to tackle the woman in the private driveway after she got out of her vehicle. The woman is accused of being less than cooperative while she was being taken into custody. Deputies say that they had to threaten to use Tasers before the woman agreed to sit upright in a police cruiser.

The 37-year-old is accused of a string of offenses in Brunswick County, North Carolina. Authorities say she is facing multiple counts, including felony fleeing to elude arrest, DWI, driving while revoked, carless and reckless driving, and driving left of center. She was booked into the Brunswick County Detention Center on a ,000 bond. Authorities say that she is also being held on an outstanding warrant from Brunswick County for failure to appear on separate DWI charges.

Source: WBTW, “Myrtle Beach woman calls 911 during chase, offers to stop for 0k, deputies say,” Rusty Ray, Dec. 11, 2012

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

A social services agency that made a controversial bid to operate a small group home is keeping up their fight.
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A motorist reportedly called authorities last Wednesday to report a school bus driver who was allegedly driving erratically. Eventually, the bus driver for the Yadkin County schools was arrested on suspicion of driving while impaired. However, news reports indicate that the basis of the DWI charges apparently does not include allegations of alcohol consumption, but rather some form of medication.

Many drivers in North Carolina may be shocked to learn that medications, even legally prescribed medications, can lead to DWI charges in the state. It is unclear in the public media what medication police believe that the bus driver may have taken before the recent arrest. However, the bus driver was arrested on suspicion of DWI, and was also reportedly fired after the allegations arose.

The North Carolina Highway Patrol claims that the school bus drove off of the roadway while traveling on Old Highway 421 Wednesday. The authorities say that the bus nearly hit a sign and a tree in that alleged incident. Police claim that the bus was ultimately involved in some kind of accident and the driver fled the scene with 15 students onboard. Details of that alleged accident are also not covered in media reports.

Police claim that when they spoke with the bus driver, he said that he had taken some form of medication that had made him drowsy. Apparently, based at least in part on that alleged statement, law enforcement arrested the driver on suspicion of DWI, failing to maintain control and leaving the scene of an accident. Apparently, law enforcement obtained a sample from the driver that will be used for toxicology tests.

None of the students were harmed.

Source: WFMY News 2 via digitriad.com, “Bus Driver Charged With DWI, Left Scene After Crash With Students On Bus In Yadkin County,” June 8, 2012

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

Before the holidays, organizations such as Mothers Against Drunk Driving (MADD) as well as local police forces work hard to ensure that the risk of Hialeah drunk driving accidents is as low as possible. There are educational programs to alert drivers of the dangers of drinking and driving, and police set up checkpoints to stop drunk drivers before they can cause a Hialeah car accident.

Now that the holidays are over, those messages may not make the news anymore. However, the message is still just as important. Drunk driving is an unfortunate risk at any time of the year. To make 2012 safer, make sure that you remember that drunk driving can cause Hialeah traffic accidents at any time of the year. Fortunately, there are many things you can do:

1) Support organizations that fight drinking and driving. MADD gets lots of press coverage and help during the holiday season, but after the holidays they can use some extra help. If you have money or time to donate, contact the organization of your choice to find out how you can help.

2) Have a get-home-safe plan available year-round. During the holidays, you may plan on drinking and may consider ahead of time ways that you can get home safely. While this is great, it is important to have this type of plan available all year long. Even though it is no longer holiday time, you may still end up going to an event where wine is served or may end up having a few drinks when out for dinner. Having a plan and a few options in place around the clock ensures that you can always make a responsible decision. Consider creating a small kit to keep in your car. Supply the kit with the phone numbers of taxi companies, plenty of cash for a cab, and the names and numbers of friends you can call for a drive home if you have been drinking.

3) Decide not to drink and drive and encourage others you know not to drink and drive. Making an absolute commitment to not drink and drive is one of the best ways to ensure that you will not make a poor choice. Talk to your friends and children about drinking and driving and make sure that they have the information and the facts they need to make safe choices.

4) Report drinking and driving. A drunk driver or any driver who is driving dangerously can cause a Hialeah pedestrian accident or traffic accident and is therefore an immediate threat. Have a passenger call police if you see such a driver – police can send a car to investigate the situation to prevent an accident.

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Infant died at Garden Hill First Nation in 2009
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