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Four students from North Carolina State have been booted from the soccer team after being arrested at a Raleigh, North Carolina sports bar. Police were called to the establishment around 1:45 a.m. October 14 to investigate an alleged altercation at the bar. Four students from N.C. State had been escorted outside. Authorities say that one of the student athletes had been in some kind of altercation with another individual.

The four soccer players were ultimately charged with resisting, delaying or obstructing arrest. Two of the students are also accused of underage drinking. The two others were each given an additional charge. One is accused of simple affray– while the other faces disorderly conduct allegations. Police claim that a fake ID was involved, but it is not clear if anyone was charged with a fake ID offense. A report from WRAL-TV indicates that the establishment was not cited.

Many students may not understand that North Carolina law prohibits fake IDS. In fact, mere possession of a fake ID can bring legal troubles for a person in North Carolina.

An employee at the bar told Technician Online, the N.C. State University paper, that no one should have been arrested. The police, and possibly the university, see it a different way apparently. The four students not only face charges for the alleged incident, but the four players have been kicked of the team. The school has also banned all N.C. State student athletes from entering the bar, regardless of the age of the student athlete.

While the school imposed sanctions against the students and added the administrative ban, the students also face charges in criminal court. The North Carolina justice system includes a wide variety of constitutional rights, including the right to due process and the right to present a defense in criminal court.

Sources:

• WRAL, “Four NC State soccer players dismissed after arrests,” Erin Summers, Oct. 18, 2012
• Technician Online, “Can athletics ban athletes from DTSB?,” Jonathan Stout, Oct. 18, 2012

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

We extend our condolences to the Washington State University community and the family of Kenneth Hummel, who died this weekend from alcohol poisoning.

The 18-year old Hummel had a blood alcohol reading of 0.40 when he died early Saturday morning. Police found him unconscious in his dorm room, after his peers had called the police.

In the wake of campus alcohol courses, peer intervention groups, extended campus counseling, and more, it is sometimes difficult to understand how nearly 2,000 students die annually from alcohol related injuries. Within the next week, we will begin posting testimonials from college students that answer the questions, “What is the single largest determinant in your drinking? And what most deters you from drinking to excess?”

Choose Responsibility Blog

I’ve written in the past about the increasingly common practice of cops to pin DUI suspects down and forcefully withdraw blood from them.  In some cases the needle is wielded by medical staff — and in others by the cops themselves.  See Taking Blood by Force, Forced Blood Draws by Cops in Back Seat, Forced Blood Draws by Cops Spreading and Forced Blood Draws by Cops: Constitutional?  

How far will the courts permit these kinds of police state tactics?  One state supreme court has just drawn the line:

 

Illinois Court Blocks Forced Draw From Motorist


Chicago, IL.  April 16 – An increasing number of states allow police to use any level of force needed to take blood from a motorist accused of driving under the influence of alcohol (DUI). In Ohio and Texas this procedure is explicitly authorized by statute. In Washington, the state Supreme Court decided to sanction the practice on its own authority. Last Tuesday, the Illinois Court of Appeals was unwilling to take that extreme step.

A three-judge panel upheld a trial court’s determination to suppress the evidence created when police held Jacqueline Farris down and forcibly drew her blood. On May 12, 2009 at around 10:30pm, Officer Kevin Orms arrived at the scene of an accident in the village of Bradley and found Farris behind the wheel of one of the vehicles involved. She smelled of alcohol. Orms had her taken to the hospital where he asked for consent to draw her blood. Farris refused. Officer Orms then ordered a nurse to take the blood by force. Three personnel were required to hold Farris down because she resisted.

Lab results showed the blood alcohol content (BAC) of the Farris sample was estimated at 0.285, but a lower court threw out the evidence as inadmissible. Under state law, forcible blood extraction is only authorized when a driver causes death or the personal injury of another driver, passenger or pedestrian.

Prosecutors argued that the officer had probable cause to suspect Farris of being drunk, and there was not time to obtain a warrant before the alcohol would dissipate. In agreeing with the lower court, the appellate majority cited a 2005 state Supreme Court precedent that allowed testing without consent in cases of death or injury but did not touch on cases where no injuries occurred.

"In Jones our supreme court was quite clear that there is no practical need for physical force in obtaining bodily fluid samples since the Vehicle Code eliminates any advantage a DUI arrestee might hope to gain from refusing chemical testing," Judge William E. Holdridge wrote for the majority. "As the Jones court noted, the defendant’s refusal to comply with the request for a sample, in and of itself, is sufficient to justify a statutory summary suspension of the defendant’s driver’s license, the purpose of which is to protect the public from intoxicated motorists."  People v. Farris.

This court prohibited forced blood draws in a medical setting.  Other courts, however, have actually approved the forceful extraction of blood by the cop himself — even when done in the back seat of a patrol car.  See, for example, Would You Want a Cop Taking Blood From You?
 

DUI BLOG

Two North Carolina State University students were arrested Tuesday night after a Sunday night car accident left a third N.C. State student critically injured. The tragic car and bicycle accident sent the student who had been riding a bike to Wake Raleigh Hospital, where the student reportedly had been upgraded to fair condition as of Tuesday night.

The driver of the vehicle who is accused of causing the accident reportedly will be facing charges of driving while impaired. Police subjected the driver to an alcohol test after the tragic crash and say the driver showed an alcohol level of 0.12 percent.

However, authorities later obtained a search warrant due to the injuries involved in the allegations. Police believe that other “impairing substances” may have been involved, and acquired a search warrant to obtain a blood sample from the driver. Results of the blood test are not expected to be returned for some time.

In addition to the DWI charges against the driver, a second student is facing alcohol-related charges related to the allegations. A 19-year-old junior at the school was charged Tuesday with underage possession of alcohol and aiding and abetting the driver in obtaining the alcohol. Police apparently believe the 19-year-old had aided and abetted the man accused of DWI in the purchase of beer.

The student charged with aiding and abetting, and underage alcohol charges was booked into jail Tuesday, with bail set at ,500.

University Police say that the accident occurred at 2:49 a.m. Sunday at an intersection. Police believe that the man accused of DWI made a left hand turn and struck the student who was riding his bicycle through the intersection. The student who was injured is believed to have suffered serious head trauma in the tragic accident.

Sources:

N.C. StateTechnician Online, “Biker hit by drunk driver,” Will Brooks, Feb. 20, 2012

News-Observer, “N.C. State student faces alcohol charges in car-vs-bike accident,” Feb. 22, 2012

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

William DeJong and Choose Responsibility’s Barrett Seaman recently debated the drinking age at Sonoma State University. An article from the college’s newspaper, The Sonoma Star, noted that underage binge drinking has increased significantly despite the 21 year old drinking age.

While the total number of drinking youths has remained fairly constant, there was a 56 percent increase in binge drinking from 18 to 20 year olds between 1993 and 2001. In addition, close to 5,000 people die every year due to underage drinking, including victims of drunk driving accidents from underage drivers.

During the debate, students also had the opportunity to weigh in on how “21″ affects them.

Choose Responsibility Blog

This week, The Century Council is honoring leaders who have shown an outstanding commitment to fighting drunk driving and underage drinking, and promoting healthy lifestyles and teen driver safety.

We are proud to recognize the following 17 state legislators from across the nation:

• Alabama Senator Bill Holtzclaw (R-2) and Representative Mike Hill (R-41) for championing the Matthew John Dahl DUI Prevention Act, establishing a statewide ignition interlock program
• Alabama Senator Rusty Glover (R-34) for sponsoring legislation doubling the penalties for driving with a BAC of .15 of higher
• Arizona Senator Linda Gray (R-10) for her lifetime achievement in drunk driving prevention
• Colorado Representative Tom Massey (R-60) for sponsoring legislation to increase physical activity in public schools
• Delaware Representative Helene M. Keeley (D-3) and Senate Majority Leader Patricia M. Blevins (D-7) for championing legislation providing effective penalties and treatment for hardcore drunk drivers
• Florida Representative Tom Goodson (R-29) and Senator Thad Altman (R-24) for sponsoring legislation to establish heightened penalties for repeat violations of the social host law
• Maryland Delegate Kathleen M. Dumais (D-15) for her lifetime achievement and helping to secure final passage of this year’s Drunk Driving Reduction Act
• Mississippi Senator David Blount (D-29) and Representative Richard Bennett (R-120) for championing the creation of a statewide social host law
• Montana Senator Larry Jent (D-32) for sponsoring legislation establishing the offense of aggravated DUI
• North Dakota Representative George J. Keiser (R-47) for sponsoring legislation to improve teen driver safety
• Pennsylvania Representative Katharine M. Watson (R-144) for encouraging residents to increase their physical activity and fitness and for sponsoring legislation strengthening the graduated driver licensing (GDL) law for teens
• Virginia Senator David W. Marsden (D-37) and Delegate W.R. “Bill” Janis (R-56) for championing legislation enhancing the zero tolerance law for underage drinking and driving

We applaud their efforts and thank them for their ongoing dedication.

Century Council Blog

Alaska State Rep. Bob Lynn has proposed a bill that would allow military members under the age of 21 to drink while on base in his state.

“It’s outrageous that a member of our military can be subjected to the horrors of war, but can’t legally have a beer or smoke a cigarette,” he wrote on his blog last week.

As Aliyah Shahid reported in the New York Daily News, “Defense Department rules mandate that all U.S. military facilities follow the 21 drinking age, but U.S. bases abroad can drop their drinking age as low as 18 based on the host country’s laws.” Lynn’s proposal would change the drinking age for service members in his state.

Read the full report here.

Choose Responsibility Blog

In the past, some cities in Florida have suggested charging a “crash tax” to the insurance companies of drivers who cause accidents. Currently, a number of cities across the nation charge such a fee, which ranges from about 0 to ,000, on average. Lately, Tampa has been contemplating such a move.

Tampa Councilman Curtis Stokes is one of the individuals who supports such a fee. In the media, he has noted that currently clean-up costs after an accident are absorbed by a city and its taxpayers, while such a fee scheduled would ensure that the expense of clean-up would go towards the insurance costs of the at-fault driver. The money from the insurance providers, he believes, could be placed in a trust fund to help pay for related Florida car accident expenses, such as public safety expenses.

A law signed in 2009 by Gov. Charlie Crist may pose a legal challenge to such a fee. That law effectively bans fees levied for investigation or response costs. In the past few years, a number of states — Oklahoma, Pennsylvania, Arkansas, Missouri, Georgia, Indiana, and Tennessee among them – have passed similar laws to protect drivers and insurance companies from such costs.

A number of South Florida cities, on the other hand, are working with contractors to recover costs associated with fire-rescue services provided at Florida car accident scenes. Collection agencies, consultants, and private billing have also suggested to governments that they could build revenues by charging accident fees as well. Now that many governments are facing revenue issues and tightening belts, an added source of revenue is very appealing.

Those who support the fees note that crash taxes ensure that those who are responsible for Florida car accidents contribute to the costs of the accidents. Supporters also note that such fees increase city revenues while reducing the burden on the tax payer. Further, there have been claims made that such fees would add to the financial burden of at-fault drivers, making drivers more cautious on the roads. Opponents of the fees note that insurance companies would pass the costs of the fees to insurance holders, potentially raising insurance costs for all drivers – not just those who cause accidents. They also note that such a move might not help reduce Florida pedestrian accident and car accident rates.

Florida Car Accident Lawyer Blog

2009 saw traffic fatalities in the United States fall to their lowest recorded levels. Likewise, drunk driving fatalities have fallen to their lowest levels since recording began in 1982 according to data from the National Highway Traffic Safety Administration. In its annual State of Drunk Driving Fatalities in America 2009 report The Century Council has summarized the latest available data in easy to read graphs tracking more than 20 years worth of data and detailing state-by-state statistics.

Drunk driving fatalities, defined as a fatality involving a driver or motorcycle operator with a blood alcohol concentration (BAC) level of .08 or higher, accounted for 32% of all traffic fatalities in 2009. Since The Century Council’s inception in 1991 drunk driving fatalities have declined 32% nationally and even more significantly among persons under 21, decreasing 52%. While much progress has been made hardcore drunk drivers continue to be involved in a disproportionate share of drunk driving fatalities – 72% of drivers killed in alcohol-impaired fatal crashes had a BAC of .15 or higher in 2009 down only slightly from 74% in 1991.

Over the past two decades The Century Council has been a leader in the fight to eliminate drunk driving and underage drinking – two of society’s top safety concerns – and will continue to develop and distribute award-winning programs, initiatives and research toward meeting this important goal. While even one drunk driving fatality is one too many we estimate The Century Council has contributed to more than 100,000 lives being saved on our nation’s roads over the past two decades. We hope this report will serve as a useful resource in the fight to eliminate drunk driving nationally and in your community.

Century Council Blog

Drunk Driving Arrests and DUI Arrests by State – Why It’s Not Worth It

Simply put, drunk driving is illegal, and drunk drivers who are charged with a DUI under the age of 21 face a number of penalties in the United States. Though a DUI under 21 rarely results in a prison sentence, there are still serious consequences that you will have to face if you are arrested for driving drunk.

Potential Consequences

Ultimately, the temporary thrill you may have from illegally getting drunk with your friends and then illegally driving drunk is just not worth the risk. Before you get behind the wheel while drunk or accept your friend’s invitation into a car while they are drunk, consider the many consequences you may face:

* Risk of injury or death. This is probably the most rehashed point made against drunk driving, and with good reason. Drunk driving is not worth risking your life, your friends’ lives, or someone else’s.
* Dealing with the court system. Getting a DUI means that you will ultimately have to face your day in court. There is a lot of stress, time, and money involved in preparing for court, and when you are already bogged down by school or work, you don’t need this additional stress.
* Having a criminal record. A DUI isn’t like getting a parking ticket. It’s not something that you can pay for and have it disappear. A DUI charge goes on your criminal record and can hurt your chances of getting a job, applying to schools, or getting a loan, even years later.
* Costs of sealing a record. If you decide to hire a lawyer to get your criminal record sealed so that your DUI doesn’t hurt your future, you will be facing a number of legal fees and another round of dealing with the court.

What to Do If You’ve Been Drinking

You can save a lot of time, money, pain, and stress by thinking before you act. If you are under 21 and have been drinking, don’t get in the car. Most states have a zero tolerance policy and will arrest you for any detectable alcohol consumption, and police officers are trained to spot drunk drivers. Instead of driving, call a friend or family member to pick you up. Even if the only people you can reach are your parents, you are better off dealing with punishment at home than with a court of law.

When to Contact a Lawyer

Being charged with a DUI under 21 is a serious offense. If you or someone you know has been charged with a DUI under 21, contact a DUI defense lawyer immediately. A good lawyer with expertise in DUI defense can provide solid legal advice and help you prepare for your defense in court.

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help