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Fayetteville DWI Law Blog

Drinking party came before teen's crash, police say

More than one person can be held liable for negligent driving that led to an accident. When a teen faces DWI charges, adults who make it easy for underage drinkers to access alcohol or grant permission for minors to drink at parties can be held accountable for their actions.

Minors become adults or legal alcohol consumers by age, not necessarily by level of maturity. A 21st birthday signals new adult responsibilities that some young people may not be ready to handle, especially when it comes to the abuse of alcohol.

Repeat offender accused of North Carolina house crash

A Winterville, North Carolina, man was asleep on a Thursday morning when a pickup truck slammed into wall of his home, inches from his head. The truck hit a concrete porch and stopped just short of the homeowner.

Police estimated the 32-year-old man behind the wheel of the pickup was drunk driving, and that he pushed the truck to 80 mph before crashing into the house. The driver has a record of drunk driving convictions, and it has led one cop to wonder whether enough was done to actually help the man.

Prescription meds altered state of ex-state trooper

An ex-state trooper, who left his post two years ago after a disabling back injury, was found guilty of DWI, although the former North Carolina patrolman remembers very little about the accident that he allegedly caused. All he remembers is going to bed.

An Orange County, North Carolina court heard the unusual testimony of drivers and investigators, who say they encountered the retired trooper in July 2010 and January 2011 after car crashes. In both cases, the trooper claimed he remembered a little more than being dressed in pajamas while standing in front of a magistrate.

Whitney Houston's ex-husband pleads not guilty in DUI case

The ex-husband of the late singer Whitney Houston responded to drunk driving charges with a not guilty plea. Bobby Brown, himself a former pop star, was pulled over when police saw him driving while using a cellphone. The singer was arrested after allegedly failing a field sobriety test. It was reported that Brown took a breath test, and his blood alcohol content registered at 0.12.

Brown's attorney entered a plea of not guilty to three charges related to the March 26 arrest. He faces charges of driving under the influence, driving with an excessive blood alcohol content, and operating a vehicle with a suspended driver's license.

First state DWI murder convict set for release

A North Carolina man was in his late 30s when he was sentenced to a 15-year prison term on drunk driving charges related to a fatal car accident. The man was the first impaired driver to be convicted under a 1997 state law that permitted murder allegations to accompany DWI accident charges.

The now 54-year-old man is set to walk out of jail this month. The freedom from confinement will not come without restrictions or constant supervision. The court will not allow the newly freed man to operate a motor vehicle. He also cannot visits establishments where alcohol is served.

Friend's disability is defendant's reminder of negligence

The knowledge that negligent driving led to an accident and injury can stay with a suspect for life, serving as punishment for careless actions. An Alamance County, North Carolina, man recently pleaded guilty to drunk driving charges related to an accident that permanently disabled a friend. The man accepted a plea deal that allows him to avoid jail for felonious serious injury by vehicle.

The 34-year-old man was drinking with three friends in the fall of 2010. He was driving when he lost control of the Chevrolet Blazer, after veering onto the shoulder of a road. The vehicle flipped multiple times, rendering the driver unconscious and injuring two other occupants. One of the men ejected from the Chevy suffered a paralyzing injury.

Wilmington DWI driver will serve up to 30 years

A jury in Wilmington, North Carolina, recently convicted a driver of murder for an accident that took the lives of a father and son last spring. The defendant was accused of driving while impaired by alcohol and bath salts.

A toxicology specialist testified that the driver's blood alcohol test read 0.13, nearly double the state 0.08 legal intoxication limit. Prosecutors say the suspect compounded his impairment by spending the previous evening snorting the stimulant mephedrone, commonly known as bath salts.

Cross-country bicycle trip cut short by suspected drunk driver

A cross-country bicyclist was severely injured after being struck by a Davidson County truck driver accused of drunk driving. The blood alcohol content of the pickup truck driver was allegedly 0.14, in excess of the 0.08 limit allowed by North Carolina law.

Traffic infractions, open container, liquor transportation and drunk driving charges were brought against the 29-year-old Thomasville man. The DWI suspect was handed over to the custody of a relative until a scheduled court date late next month.

Bill aims to deport illegal immigrants charged with DWI

A federal bill, first introduced following a fatal drunk driving crash in North Carolina, is getting its fourth go-round in Congress, and if passed, would affect those merely charged, not convicted, with DWI. U.S. Rep. Mike McIntyre, who co-sponsored the initial legislation in 2005, wants lawmakers to approve a measure that would deport undocumented immigrants who are charged with DWI.

The bill, called the "Scott Gardner Act," is the latest version of a proposal that circulated among national lawmakers seven years ago. The measure is named for the victim of a car accident in Brunswick County who was killed by an intoxicated driver, an illegal immigrant with a history of multiple drunk driving charges.

State lawmakers consider ignition interlocks for all DWIs

North Carolina lawmakers and legislators in six other states are listening to arguments for and against the mandatory use of ignition interlock systems on vehicles driven by people convicted of drunk driving. Fifteen states already impose the use of the devices for every DWI offender.

Ignition interlock systems disable vehicles of drivers who score poorly on an alcohol breath test. The device, linked to the vehicle starter, measures the blood alcohol content of a driver. A failed test means a vehicle will not start. Many have called into question whether or not the devices can be counted on to work properly.

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Gregory M. Byrd, Attorney at Law
327 Dick Street, Suite 104
P.O. Box 332
Fayetteville, NC 28302
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Toll Free: 1-800-793-1962
Phone: 910-678-0966
Fax: 910-678-0677