Generally, each state controls its own laws in criminal laws, but all states presume impairment in DWI cases based upon a 0.08 percent alcohol concentration. How cases are handled can differ widely under the differing state laws. That is one reason it is always important for out-of-state motorists to discuss DWI allegations with an experienced DWI defense lawyer from the state where the charges are filed.
A recent story from the East Coast does not involve an out-of-state motorist, but a driver in a single city accused of DWI a total of five separate times in just over a one-month period.
]]> A man in Vineland, New Jersey has been put in jail on $10,000 bail after being arrested on suspicion of driving while impaired, and drug charges. The man was arrested during a traffic stop just before noon Wednesday, and authorities claim that the DWI arrest is the man's fifth DWI arrest in 38 days.The most recent arrest followed a tip from a 911 caller about an erratic driver. Law enforcement apparently responded to the area and police claim that the man drifted across the lane before police pulled the man over.
Police say that they could see an open container in plain view during the traffic stop. Police also claim that the man had oxycodone without a proper prescription. It is not clear whether the most recent DWI charge is based upon oxycodone use. Authorities say that the man refused the DWI test in each of his five arrests over the past 38 days.
Law enforcement says that the same man was arrested just four days earlier on suspicion of DWI after he allegedly drove the wrong way on a one-way street in the same town.
Source: The Daily Journal, "5th DWI arrest for Vineland motorist," Deborak M. Marko, May 16, 2012
]]>This blog has frequently reported stories of routine traffic stops that are later expended into alleged DWI investigations. Generally, law enforcement needs to have a legal basis to conduct a traffic stop and when the basis of the stop is resolved or dispelled, the legal basis evaporates, unless additional suspicion arises before the original matter is resolved. Cops cannot reasonably detain someone indefinitely without a reason.
]]> That was the issue in the recent appeal-that the arresting officer remained after the original alleged legal basis for the encounter had been resolved. The incident did not involve the usual traffic stop. A state trooper says that a pickup truck, with its lights on stopped along the side of a road had drawn his attention in April 2011. A man was standing next to the stopped truck. The trooper claims that he pulled over to see if the man standing near the truck needed assistance.After stepping out of the patrol car, the trooper asked if the man needed assistance. The man said no and the trooper continued to question the man. The trooper inquired if the man owned the truck. He did not. It was then that the trooper approached the man sitting in the driver's seat and asked the second man if everything was okay and if anyone needed assistance.
The trooper received the same answers from the driver as he had received from the man standing outside the truck. Nonetheless, the trooper claims that he smelled alcohol on the breath of the driver. Ultimately the driver was arrested and charged with DWI. The driver sought to have the field sobriety tests and evidence of DWI thrown out, arguing that the officer had no legal basis to continue the encounter after first learning that no one needed assistance-the claimed basis for the encounter.
The Superior Court judge disagreed. The man was ultimately placed on probation for one year, with a 30 day suspended jail sentence. The appellate court says that even though the man outside the truck had said that no one needed assistance, the trooper "still had not definitively determined whether assistance was needed by the two other occupants of the truck." The court upheld the DWI conviction.
Source: The Herald-Sun, "Court denies DWI appeal," Beth Velliquette, May 15, 2012
]]>Investigators had said that an underage drinking party led to the tragic fatal accident, and a wide number of underage alcohol offenses where brought against several people and DWI charges were filed against a 16-year-old followed the extensive investigation. This blog previously discussed several of the charges filed in prior posts.
One of the Raleigh men charged in the aftermath of the fatal car accident pled guilty Wednesday to charges leveled in the aftermath of the ALE investigation.
]]> ALE agents had alleged that the 21-year-old Raleigh man had purchased a bottle of rum for a 16-year-old who was charged with driving while impaired, felony death by motor vehicle and other offenses on allegations the he was driving the car involved in the fatal accident.Authorities say the 16-year-old registered a 0.29 percent blood alcohol concentration in a chemical test conducted after the car accident. A young woman who was riding as a passenger in the car died in the crash.
The 21-year-old Raleigh man who was charged with purchasing the rum reportedly pled guilty this week to two counts of purchasing alcohol, and was sentenced in criminal court Wednesday. The judge reportedly imposed 12 months of probation, community service, a fine and court fees in sentencing the Raleigh man.
Underage alcohol charges were filed against several other people ranging in age from 15 to 18-years-old after the investigation.
Source: WRAL, "Man pleads guilty to buying alcohol in fatal teen DWI crash," May 9, 2012
]]>The recent university study suggests that nearly 60 percent of online purveyors of alcohol make little, if any effort at all, to verify that a customer is of age to purchase alcohol. The study was conducted with the assistance of eight volunteers, all between the ages of 18 and 20 years of age. The volunteers were reportedly granted immunity from prosecution for underage alcohol offenses by prosecutors to participate in the study.
]]> The volunteers ordered alcohol products, including wine, beer or other adult beverages, from 100 popular websites that sell the alcoholic products online. Researchers say that 45 orders were received by the underage volunteers, while 28 orders were rejected by the delivery company after attempts to verify the age of the purchaser failed upon delivery. Eleven orders were not delivered when no one was present to accept the delivery. Sixteen deliveries failed for reasons unrelated to age, such as technical glitches.The online purchases generally used private delivery companies, such as FedEx or UPS, as it is illegal to mail alcohol through the U.S. Postal Service. The researchers at the University of North Carolina say that loosened restrictions for online sales of alcohol has led to an increase in access to alcohol for minors. The U.S. Supreme Court held in 2005 that laws banning sales of wine across state lines were unconstitutional under the Commerce Clause.
The recent findings of the North Carolina research were published in the Archives of Pediatrics & Adolescent Medicine.
Source: Bloomberg, "Underage Drinkers Buy Alcohol Online With Few Barriers," Michelle Fay Cortez, May 7, 2012
]]>Agencies across the state will be participating in an initiative that will use resources of the North Carolina Highway Patrol, the Wildlife Resources Commission and Alcohol Law Enforcement agents to enforce North Carolina law prohibiting driving while impaired that begins this month.
The DWI law enforcement operation is called "On the Road, On the Water, Don't Drink and Drive." Most drivers in North Carolina are aware that agencies across the state often use saturation patrols and DWI checkpoints among other strategies seeking to uncover evidence that a driver may be impaired while on the road.
]]> But during operation On the Road, On the Water, Don't Drink and Drive, law enforcement agencies will conduct DWI checkpoints near recreational boating areas during the summer months, with a special focus on noted summer holiday periods. However, the summer DWI enforcement initiative does not mean that all DWI saturation patrols and DWI checkpoints will be utilized only near recreational boating areas.North Carolina officials say that the big summer holiday periods surrounding Memorial Day, the Fourth of July and Labor Day will see special consideration. But, with Cinco de Mayo and the Kentucky Derby falling on the same weekend this year, motorists can probably expect to see North Carolina DWI law enforcement efforts cropping up all across the state.
DWI charges can result in harsh consequences for a driver, if the person accused of drunk driving is later convicted. It is important to consider speaking with an experienced Pitt County DWI defense lawyer as soon as possible after a DWI arrest to learn what legal defenses may be available in a specific set of circumstances.
Source: News & Observer, "State DWI campaign to target drivers, boaters," May 4, 2012
]]>It is unclear from news reports at what stage the court cases had reached before the trooper failed to appear in court Monday. The District Attorney's Office apparently refused to indicate whether or not prosecutors will seek to pursue any of the cases, including the 20 or so cases involving DWI charges. It is equally unclear from the media whether the prosecutor or the judge initiated the dismissals.
]]> The state trooper who had ticketed the defendants who had court appearances Monday is also a Candor town commissioner. He has been under fire after his own arrest on serious allegations that he unlawfully accessed a government computer. Some people apparently are speculating that the town commissioner's legal difficulties may be one explanation for his failure to appear as a state trooper to support the prosecutor's misdemeanor cases in criminal court.It may be possible that many of the 90 dismissed cases, including the DWI charges, could be brought back into court for prosecution. In the meantime, those who had been charged with the variety of crimes may be in legal limbo as prosecutors decide how to proceed.
Greenville DWI defense lawyers understand that many people can be confused by many aspects of the complex rules of court in North Carolina. Often, in misdemeanor cases especially, many people in Pitt County and other areas of North Carolina are tempted to just pay the ticket or plead guilty in court to get the matter behind them.
It is important to discuss an individual case to consider speaking with an experienced criminal defense attorney when facing a charge to better understand what potential defenses may be available and what the consequences may arise as a result of pleading guilty to a crime.
Sources:
WFMY News, "Wayne Holyfield No Show In Court; 90 Traffic Cases 'Dismissed'," April 30 2012
WFMY News, "Candor Commissioner Wayne Holyfield Refuses To Resign Despite Community Demands," April 10, 2012
]]>He reportedly says that he took two prescribed medications to help him sleep and to control the pain. It appears that those two medications later became the basis for North Carolina DWI charges against the former trooper.
]]> The man says that he remembers taking the prescribed codeine around 3:30 in the afternoon and an Ambien pill around 7:30 in the evening before going to bed that January night. The next thing that he remembers, according to the evidence at his DWI trial, is waking up in a magistrate's office wearing his pajamas and pink slippers.Prosecutors alleged that the man was driving a couple hours after he took the prescribed Ambien tablet and was in a car accident. The woman who was also in the crash says that the retired trooper told her a dreamlike tale about a strange investigation involving disguised cars, alcohol lights, helicopters and officers crashing into erratic drivers in some sort of crack down. The woman claims that the retired trooper showed his badge, but later said that he was retired.
The trooper was charged with impersonating an officer and DWI related to the alleged incident. Evidence was presented at trial Monday in Orange County District Court. The judge found the former trooper not guilty of impersonating an officer.
The judge found that the accused had duly admitted that he was retired and did not try to take advantage of his claim that he was an officer when he had displayed the badge. In acquitting the accused of the impersonation charge, the judge also said, "I believe the defendant was not in the state of mind to form criminal intent," according to the Burlington Herald-Sun.
However, the judge did not acquit the defendant of the DWI charge. The judge reportedly reasoned that the defendant had not communicated with medical professionals about his codeine prescription when he obtained a later prescription for Ambien. The judge found the former trooper guilty of DWI related to the prescription medications.
The man was sentenced to a suspended 30 day jail term, with a fine, fees, court costs and community service. The man's driver's license was also taken, but he may be able to obtain limited driving privileges, according to the Herald-Sun.
Source: Burlington Herald-Sun, "Ex-trooper guilty of DWI," Beth Velliquette, April 24, 2012
]]>The Brunswick County Sheriff says in his press release that he takes an aggressive stand on drunk driving offenses and he applauded the Highway Patrol for handling the arrest of his son "like every other arrest." While media reports do not describe what led to the original traffic stop or arrest, the media clearly indicates that the arrest was DWI related.
]]> The news broke Monday morning of the incident after the Sheriff issued the press release. Star News reports that the Sheriff claims that his son will plead guilty to the DWI charge, stating that he prays that his son's DWI arrest "will be a lesson that will enable him to make better decisions in the future."It is unclear whether the young man accused of North Carolina DWI charges will seek legal representation for advice on how to proceed in the face of DWI charges.
Many parents may have conflicting feelings when a child is brought into the criminal justice system. Pitt County DWI and underage drinking defense lawyers know that criminal charges can have certain direct consequences, but also know that long-term effects can haunt a student or other young adult down the road. This blog has discussed some of the collateral consequences that a criminal conviction for an alcohol-related offense can have on a young adult, including the effects on future job prospects.
It is important for those accused of a crime to consider speaking with an experienced Greenville DWI defense lawyer when facing criminal charges to learn what criminal defense options may be available in an individual case.
Source: Star News Online, "Brunswick sheriff's son charged with DWI," Jason Gonzales, April 23, 2012
]]>But the case was not delayed without legal argument along the way. The defense argued that certain issues in the case violated the defendant's constitutional rights. In February, a judge in Mecklenburg County agreed and granted a pre-trial defense motion to suppress Breathalyzer test results in the case.
The judge found constitutional violations in the police encounter, and based upon the violations of the defendant's rights during the traffic stop and the subsequent DWI arrest, the judge has dismissed the DWI charges.
]]> The case arose after citizens reported a stopped vehicle in the middle of the road in Matthews, North Carolina. Police reportedly responded to the area and observed a truck along the side of the road with its door open. Police claim the driver moved the truck to a nearby parking lot and parked.The police officer stopped his cruiser behind the truck, blocking it in the parking space, and notified the driver that he was not free to leave. The officer admitted that he had not observed any violation of law, or any suspicious activity to justify the traffic stop and detention of the driver.
Generally, the Constitution provides more than mere technicalities. Pitt County DWI defense lawyers know that our country was founded on the concept that all individuals have the right to be free from unreasonable intrusions by government officials. Arguably, if law enforcement can effectively arrest drivers for parking in a public parking lot, our constitutional guarantees would have little meaning.
Sources:
Star News Online, "Pender official's drunken driving charge dismissed," Brian Freskos, April 16, 2012
Star News Online, "Pender commissioner's DWI case delayed," March 26, 2012
]]>North Carolina Alcohol Law Enforcement agents issued citations or arrested 261 people over the weekend during the annual Azalea Festival. ALE officials say that a large number of the citations involved underage drinking during the enforcement operation that began Thursday and ran through Saturday. A total of 308 charges were brought against 261 people.
]]> Underage drinking tickets can be somewhat confusing for many people. Because North Carolina law brings all criminal charges against a person who is at least 16-years-old in adult court, many people are later caught off guard when they learn that paying such a ticket is the equivalent of a criminal conviction that is entered of the person's permanent adult criminal record.ALE officials say that 107 people were charged with underage possession offenses during the weekend festival. In addition to the underage alcohol charges against individuals, two businesses were accused of providing alcohol to a minor, and those allegations reportedly were sent on to the North Carolina ABC Commission for review.
During the weekend event, 15 people were charged with using a fake ID. In North Carolina, mere possession of a fake ID is a criminal offense.
Fifteen people were charged with possession of marijuana at the festival. ALE officials accuse five people of driving while impaired surrounding the event. The DWI cases reportedly were turned over to the State Highway Patrol.
Source: Star News, "More than 260 arrested, cited during Azalea Festival," April 16, 2012
]]>Recently, the Century Council, a not-for-profit organization funded by distillers to fight underage consumption and drunk driving, conducted a study on underage alcohol issues that found parental involvement can significantly reduce incidents of underage drinking.
The study shows that today's youth are more aware of the issues that underage drinking can bring. Researchers with the Century Council say that 83 percent of 10 to 18-year-old students who have decided to avoid alcohol made the decision after speaking with a parent about alcohol.
]]> The study shows that most discussions about alcohol use between a parent and child arise after an event occurs, such as:But even in families where alcohol-related issues are discussed, North Carolina youth can find themselves in a situation that may lead to alcohol charges. Charges for drunk driving, or underage possession and consumption, are not a finding of guilt.
Students in North Carolina who are cited for an underage alcohol offense, underage DUI or North Carolina DWI charges may have a valid defense to the allegations. It is important for students or parent s to consider reviewing individual charges with an experienced Greenville defense attorney. Criminal charges that result in conviction are made a part of a student's permanent criminal record if the accused is age 16 or older in North Carolina.
Source: Keloland Television, "More Teens, Parents Discussing Alcohol Risks," Shawn Neisteadt, April 4, 2012
]]>The man was convicted of first-degree murder in 1997, the first person to be convicted of such a crime in a DWI case. The North Carolina Supreme Court agreed with the criminal defense that prosecutors were wrong in seeking the first-degree murder charge. The state's highest court threw out the conviction.
]]> In 2003, the man faced a new trial, and eventually pled guilty to a second-degree murder charge. The judge imposed a sentence of 15 to 18 years in prison on the subsequent conviction, with credit for roughly six-and-a-half years of time served.While the case set precedent that first-degree murder charges are not available to prosecutors in a DWI case, the events led to tougher DWI laws in North Carolina. In 1997, North Carolina DWI laws were stiffened as a result of the case. The new DWI law in 1997 set a mandatory minimum sentence for habitual drunk drivers and included a license revocation provision for North Carolina drivers charged with DWI.
The man is scheduled for release from prison after serving roughly 15 years. He will be released on post-release supervision for nine months in Iredell County. During his supervised release, strict terms will be monitored by his probation officer.
Source: Winston-Salem Journal, "Figure in landmark impaired-driving case leaves prison today," Michael Hewlett, April 11, 2012
]]>Law enforcement asserts that the man was traveling with his 39-year-old mother, and she has been charged with aiding and abetting DWI and aiding and abetting her son in driving while revoked.
In addition to the DWI charges, the 20-year-old man is accused of underage DWI, as he remains under the age of 21 and police say that he was driving at a time when his provisional license was revoked. The young man, however, is facing other very serious charges in relation to the alleged 40-minute police chase.
]]> Law enforcement accuses the Mulberry man of felony level charges, including speeding to elude arrest, and felony drug possession and weapons charges. A string of alleged traffic violations have also been tacked on to the list of allegations.The alleged incident reportedly arose when a North Carolina Trooper says he noticed a driver operating a vehicle without a seat belt in North Wilkesboro. The Trooper says that he made a U-turn and the alleged unbelted driver committed some minor traffic violations.
The Trooper claims that he jumped to the conclusion that the driver must have been impaired and the Trooper activated his lights and sirens to make a traffic stop. Apparently that's when the Trooper claims the chase was on.
The Mulberry man has reportedly been released from the Wilkes County Jail after posting a $15,000 bond.
Source: Wilkes Journal-Patriot, "Numerous charges filed after high-speed chase Wednesday," April 6, 2012
]]>The accused entered the guilty plea under a plea agreement with prosecutors under a mechanism known as an Alford plea, named after a 1970 U.S. Supreme Court decision, North Carolina v. Alford. Generally, Alford pleas are not based upon a defendant's admission of guilt, but upon the defendant's recognition of the state's evidence and the likelihood that a jury would convict beyond a reasonable doubt based upon the evidence.
]]> The defendant was reportedly knocked unconscious in the rollover accident and could not remember the facts leading up to the crash, or the crash itself. The man was accused of felony serious injury by vehicle, with evidence of a 0.18 breath alcohol level. The man was accused of drinking with friends the night of the crash and the three stopped to buy beer in the early morning, a short time before a 4:00 a.m. rollover accident.Under his plea agreement with prosecutors, the defendant entered an Alford plea in exchange for a probationary sentence. The judge reportedly gave the man a suspended 21-to-26-month sentence with credit for 13 days time served in jail. The prosecutors and the accused had agreed to 36-months probation and other terms in the plea agreement.
Source: The Burlington Times-News, "Man pleads in wreck that paralyzed friend," Michael D. Abernathy, April 5, 2012
]]>The car accident occurred after the woman ran a red light shortly after midnight while en route to the hospital, according to police. Authorities claim the young woman tried to flee the scene, but an officer was close to the accident scene, and pulled over the former Idol contestant.
]]> The officer says that he could smell alcohol and requested the singer to perform field sobriety tests. Officials claim that she performed poorly and was arrested for DUI. The arresting officer says that the young woman cried as she was placed under arrest. The mother of the accused, who was injured after a fall at her home, sat in the car. An ambulance later took the mother to the hospital to be treated for the injuries she sustained at home.Authorities say that the so-called "American Idol bikini girl" later blew 0.15 and 0.17 in a breath test. She was charged with DUI under California's law, which, like North Carolina, presumes impairment at a 0.08 percent BAC reading.
Source: Ace Showbiz, "'American Idol' Season 8's Bikini Girl Tried to Flee Before DUI Arrest," Mar. 31, 2012
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