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A woman in New Hanover County, North Carolina says that she is facing charges for allegedly driving while impaired based solely upon an agility test that she was subjected to at the hospital after she was involved in a car accident. The woman does not remember what occurred in the wreck. The air bag on her car deployed and the woman suffered a concussion in the wreck.

The woman says that a North Carolina trooper gave her a breath test at the hospital, which she passed. But she says that the trooper did not like how she performed on a field sobriety test after she sustained the concussion. Apparently, the trooper claims that the woman did poorly in tracking his finger while she lay in a hospital bed. What is more, she says that her hospital records show that she did not have any alcohol or drugs in her system.

Law enforcement took a blood sample for purposes of a drunk driving investigation. Test results may not come back from that test for up to a year. Meanwhile, the woman is charged with DWI and she is scheduled to appear in court later this month.

Followers of this blog may recognize that car accident investigations lead from time to time to drunk driving charges. Law enforcement may subject an accident victim to field sobriety tests after a wreck a jump to the conclusion that a victim’s performance on one or more tests may not be up to the satisfaction of the officer. In the recent New Hanover County case, the woman reportedly says that she has tests to show that she was not under the influence when she was in a wreck.

Typically, news reports on an alleged drunk driving car accident are generated by government actors and carried in the press. Although there may be two sides to a story, a person suspected or accused of a crime has the right to remain silent. Most defendants do not speak to the press about an offense, as anything a person says may be used in court.

Our constitutional system acknowledges the freedom of the press, often as an important check on government power. But our constitutional system also guarantees numerous due process and other rights for people accused of a crime. Criminal defense lawyers argue in court to protect those rights, and the right to a criminal defense is important check on government power to maintain the integrity of our system.

Source: WECT, “Hospital tests negative, woman still charged with DWI,” Ashlea Kosikowski, updated April 6, 2013

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A woman reportedly lost control of her car in Wilmington, North Carolina Tuesday. The accident was reported around 3:15 in the afternoon. While car accidents may occur on a frequent basis anywhere in North Carolina.

But in the Wilmington crash, law enforcement claims that the 48-year-old woman had taken some unidentified prescription medication. Police further accuse the woman of being impaired by illegal drugs, although authorities are not identifying what substances they believe the woman had taken.

North Carolina’s DWI laws apply to prescription medications and other substances. Many people who require prescription medications may be surprised to find that law enforcement suspects impairment when a driver has followed a doctor’s instructions.

In the Wilmington investigation, the details surrounding law enforcement’s suspicions are not clear from the media. Authorities claim that the woman was traveling north on River Road when her car drifted toward the shoulder. Police claim that the woman overcorrected and crossed through the lanes, eventually running off the left side of the road.

Witnesses rushed to the aid of the accident victim. One passing motorist provided the woman with a blanket at the accident scene. Authorities say that when the woman’s car drove off the road, and the car rolled over. The woman was ejected from the vehicle and she suffered injuries.

She was taken to New Hanover Regional Medical Center with non-life-threatening injuries. Law enforcement now accuses her of several charges, including DWI, failing to maintain a lane and failing to use a seatbelt.

Source: Star News, “Driver charged with DWI after rollover on River Road,” Brian Freskos, Jan. 22, 2013

• Our firm provides criminal defense for people accused of DWI in the Pitt County area of North Carolina, including DWI charges that allege prescription medication or impairment based upon other substances. For more information, please visit the Greenville DWI defense page.

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People accused of drunk driving with prior convictions for driving while impaired in North Carolina face stiffer consequences if charged with a repeat DWI offense. In 2011, the penalties for repeat DWI charges became more strict under a law commonly referred to as “Laura’s Law,” as this blog has previously discussed. Charges for alleged habitual drunk driving are a serious matter, and the penalties became more serious when Laura’s Law went into effect.

A North Carolina driver is accused of habitual impaired driving after officers responded to a report of a car accident last Friday in Wilson, North Carolina. The car accident was reported shortly before 4:15 in the afternoon. Wilson Police officers believe that the 48-year-old Bailey, North Carolina woman involved in the wreck was impaired. She was taken to an area hospital for medical treatment and authorities reportedly obtained a blood sample. Results of the blood test have not been released.

Authorities say that the Bailey woman has been convicted of three prior DWI offenses on her record. The oldest of the DWI offenses dates back to 2001, according to the Wilson Times. The woman was booked into jail in on ,000 secured bond. A charge of habitual DWI is considered a felony offense in North Carolina.

Generally, North Carolina law allows prosecutors to charge a driver with a habitual DWI offense based upon allegations that the driver has been convicted of three or more specified offenses involved with impaired driving within 10 years of the current DWI allegations. The DWI law says that a person convicted of habitual DWI must serve a mandatory minimum of at least one year. Other provisions extend to the vehicle involved in an alleged a habitual DWI offense and revocation of driving privileges in North Carolina.

When the stakes are raised by allegations of a repeat DWI offense, it becomes more important for a person accused of the offense to seek legal counsel to defend against the charges. A criminal defense lawyer can assess the procedures involved in the case, as well as the facts to help protect against possible government over reaching.

Source: Wilson Times, “Crash leads to habitual DWI charge,” Corey Friedman, Jan.28, 2013

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A 24-year-old Raleigh, North Carolina woman pled guilty Monday in Pitt County Superior Court to driving while impaired and felony death by vehicle charges. The charges arose from an August 2009 accident that authorities say claimed the life of a passenger. The woman also pled guilty to misdemeanor hit-and-run allegations arising in an unrelated incident in May 2009.

The woman entered the guilty pleas Monday afternoon in Pitt County and was sentenced to the maximum term of 36 to 53 months in prison on the death by vehicle charge. The judge imposed a two year prison sentence on the DWI conviction and ordered that that sentence run consecutive to the death by vehicle sentence.

Generally, a consecutive sentence does not begin until a prior sentence is completed. For comparison, when a person is sentenced to concurrent sentences for separate offenses, the sentences are served at the same time.

The felony death by vehicle and DWI charges were filed after authorities say that the woman crashed her vehicle on Worthington Road east of County Home Road in August 2009. A 21-year-old man was thrown from the passenger seat as the woman’s Toyota Sequoia flipped several times, according to North Carolina State Police. The passenger suffered fatal injuries in the tragic wreck. The woman had been charged with second-degree murder

The same woman appeared in court last week on separate DWI charges. Tuesday, she was found guilty of DWI from allegations that arose in August 2008. At the hearing last week, the judge imposed a six-month sentence for the DWI conviction, which prosecutors say is the maximum sentence, according to the Greenville Daily Reflector.

Source: Greenville Daily Reflector, “Driver pleads guilty in fatal wreck,” Kristin Zachary, Jan. 28, 2013

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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

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Law enforcement in Greensboro, North Carolina says a woman fled the scene during a traffic stop early Friday morning. Officers say the woman was pulled over for an alleged expired license tag. During the traffic stop, the police officer says that the woman did not have a license or other identification and he returned to his patrol car to look up the woman’s identity on the computer. That is when she is accused of bolting.

The officer says the woman took a detour from the road and drove through several front yards during the roughly half-mile police chase. The woman reportedly struck a traffic sign along the way, before stopping her vehicle in the front yard of a home. The 25-year-old Jamestown, North Carolina woman is accused of stumbling from the vehicle. She was arrested in the yard shortly after 2:00 Friday morning.

The woman was booked into the Guilford County Detention Center after her arrest. Police say that she had two outstanding warrants on charges of driving while impaired. However, she now faces a new set of North Carolina charges. Police believe that she was impaired at the time of the recent alleged police chase.

In addition to the new North Carolina DWI charge, the woman is accused of felony fleeing, driving with a revoked license, resisting arrest and a violation for the alleged expired license tab.

The alleged events all started after law enforcement conducted an allegedly routine traffic stop based upon the claim that the woman had an expired tab. Generally, law enforcement is not allowed to make a traffic stop based upon a mere whim. However, a minor alleged violation of the law, such as allegations of an expired tag, may give police the ability to conduct a lawful traffic stop.

Greenville DWI defense lawyers know that our constitutional rights are worth protecting. A person accused of a crime has the right to challenge DWI allegations, including, at times, whether or not a traffic stop was conducted in compliance with constitutional protections.

Source: WFMY News 2, “Woman Leads Greensboro Police On Short Chase Through Fisher Park,” Nov. 9, 2012

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A woman who is accused of crashing her car reportedly told authorities that her children had been ejected from the vehicle during the wreck. A North Carolina trooper found the car in the ditch along Grants Creek Road. Authorities reportedly searched the area surrounding the rollover car accident. The two children were not found anywhere near the scene.

Apparently the woman had been disoriented in the serious injury accident. Officials say that the children were located at the home of a relative of the car accident victim–the children reportedly were found safe.

The woman will be facing North Carolina drunk driving charges. Her boyfriend reportedly was also arrested. He arrived at the scene of the accident while emergency responders were attending to the accident victim. Law enforcement claims that the woman’s boyfriend appeared to be under the influence when he arrived. Officials claim that the man assaulted an emergency worker at the scene.

The woman who reportedly rolled her car into the ditch suffered serious injuries in the crash. Authorities say that her Ford Explorer rolled over several times in the ditch. She was flown to Vidant Medical Center with serious injuries, although the Jacksonville Daily News reports that the hospital said Monday that no patient was listed as of Monday under the accident victim’s name. Authorities say the reckless driving and DWI charges are pending for the woman.

Her boyfriend was charged Saturday in Onslow County, North Carolina, with assault-inflicting serious injury, according to the Jacksonville Daily News.

The accident was reported in Onslow County around 8:25 Saturday evening.

Source: Jacksonville Daily News, “Driver hospitalized, friend arrested following weekend wreck,” Amberly Pozzi, Sep. 10, 2012

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A Shoal River woman was thrown from her car in a fatal crash last night.
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A North Carolina woman who was charged July 22 with underage drinking apparently has not yet appeared in court on the alcohol offense. However, the woman has now turned 21-years-old. The underage alcohol offense statutes generally do not provide much legal leeway. Underage alcohol offenses are taken seriously in North Carolina. Any criminal offense filed against a person age 16 or older is brought in adult court.

The woman accused of the underage alcohol offense was released in July after her arrest after she promised to appear in court on the underage drinking offense. She is now, however, facing more serious alcohol related charges on recent allegations. The woman, now 21-years-old, is facing felony hit and run and DWI charges after she was allegedly in an accident with a pedestrian Saturday in Mecklenburg County, North Carolina.

Police say that a 28-year-old woman was walking along a street in west Charlotte around 4:00 Saturday morning. Authorities say that a hit-and-run driver struck the woman, seriously injuring her. Police claim that the 21-year-old woman was the driver who fled the scene of the accident.

Law enforcement claims that the 21-year-old was driving a Buick that was involved in the hit-and-run accident. Police found the woman about a mile from the accident scene in a hotel parking lot. Authorities say that damage on the Buick is consistent with having been in an accident.

The young woman was reportedly booked into the Mecklenburg County Jail on the DWI and felony hit-run charges. The woman posted bond and has been released pending future court appearances.

Source: Q city metro, “Woman seriously injured in W.Charlotte hit and run,” Glenn Burkins, Aug. 11, 2012

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A North Carolina woman apparently was short on cash and needed to find an ATM after having dinner and allegedly drinking at a Mexican restaurant in Gastonia. Police claim that some kind of civil disturbance broke out and officers responded to the area.

Law enforcement claims that the Charlotte woman began cursing at people in the neighborhood of the restaurant when she saw police arrive in the area. Later, she would be arrested on DWI charges that eventually expanded to a string of criminal charges.

News reports are unclear about what the reported civil disturbance involved that brought law enforcement into the area. Eventually, the woman was arrested on suspicion of driving while impaired. Police claim that they saw the woman weaving in her car in the parking lot outside the restaurant. Matters grew worse as the evening went on, according to authorities.

Gastonia police say that the young woman was combative during the police encounter-and beyond. Authorities claim the woman kicked a police car, spat on the window of the vehicle and had not yet settled down by the time that she was brought into a magistrate’s office.

The woman’s alleged DWI and reckless driving case grew to include a list of additional alleged offenses. Law enforcement accuses the woman of resisting arrest and two counts of assault on a government official. She is also accused of driving on a revoked license, although the media does not indicate what basis served for the license revocation.

Authorities booked the Charlotte woman into the Gaston County Jail, where she is being held in lieu of a ,000 secured bond.

Source: Gaston Gazette, “Friendly meal ends in DWI, assault charges,” Diane Turbyfill, June 4, 2012

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