Posts Tagged ‘Violations’

Minor traffic and equipment violations end North Carolina DWI charge

Sunday, March 20th, 2011

A sergeant with the Aggressive Criminal Enforcement Team in Iredell County says he observed a 1994 Chevrolet commit a minor traffic violation. The officer says a piece of equipment on the car was malfunctioning. The sergeant reportedly decided to make a routine traffic stop to investigate the alleged violations. Any Greenville DWI defense attorney frequently sees routine traffic stops for minor traffic or equipment violations expand to DWI related incidents.

In Monday’s incident, the officer says he approached the driver of the 1994 Chevrolet and explained his reasons for making the traffic stop. The officer asked the 25-year-old driver to step out of the Chevrolet and take a seat in the patrol car. Once inside the patrol car, the officer reportedly began writer out warning citation for the alleged traffic and equipment violations.

The sheriff says that while seated in the patrol car, the officer detected a strong scent of alcohol on the driver’s breath. The sheriff says the driver appeared to have bloodshot eyes and his face was flushed. The sergeant says he asked the 25-year-old how much he had had to drink.

The 25-year-old allegedly admitted to drinking a 32 ounce beer roughly 45 minutes before the traffic stop. Law enforcement says the driver admitted to drinking a beer around 10:30 a.m. on that same day. The officer told the driver to take roadside breath test on an alco-sensor. The sheriff says the driver measured .12 on the alco-sensor. The 25-year-old was placed under arrest on suspicion of DWI.

Law enforcement claims the driver did not have a valid license at the time of the arrest. The 25-year-old is accused of driving with a suspended or revoked license. Law enforcement says the 25-year-old has a separate DWI charge pending that allegedly occurred six months ago.

Source: WBTV, “DWI suspect began drinking at 10:30 am, sheriff says,” 15 Mar 2011

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North Carolina Students Cited for Open Container Violations

Wednesday, February 27th, 2008

Movies and television often portray college life as including alcohol. The news media cover stories about alcohol related incidents involving students. North Carolina DWI attorneys note, however, that alcohol related convictions on a student’s record do not necessarily go away upon graduation. Each school has their own policies regarding alcohol. North Carolina police officers also look to enforce alcohol related laws.

In Chapel Hill, police have been cracking down on alcohol violations. Chapel Hill Police say that open container violations are significantly up this year compared to 2009. Between August 24, 2010, and October 11, 2010, Chapel Hill police have issued 126 open container citations. Last year, officers issued 20 during the same time frame.

Chapel Hill police spokesman, Lieutenant Kevin Guntner says the department chose to focus on open container violations “because it is something that occurs in the public’s eye.” A task force comprised of Chapel Hill police, Carrboro law enforcement and the University of North Carolina Department of Public Safety specifically target alcohol violations.

Guntner says the task force focus changed this year to open container violations due to pressure from downtown businesses. The business owners were concerned about the number of people that were openly drinking on sidewalks in the business district. It is not just students that are involved. Lieutenant Pat Burns remains a liaison with the police department. He says home football games attract tailgaters who violate the ordinance.

Guntner says the number of citations for underage consumption and underage possession has decreased this year. He believes that officers are handling complaints differently. Some experts believe that past court rulings involving unlawful searches and seizures during raids of student parties that resulted in dismissed charges may explain the reduced citations for consumption and possession. The task force also changed gears this year to target open container violations.

Source: The Daily Tar Heel, “Open container citations multiply sixfold in Chapel Hill,” Victoria Stilwell, 14 Oct 2010

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