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North Carolina Drunk Driving Articles
DUI Library: North Carolina
More Than 1300 Charged with DWI in North Carolina During Holiday
Operation Firecracker targeted drunk driving in NC during Fourth of July weekend.
North Carolina law enforcement agencies from across the state conducted a concentrated campaign against drunk driving during the extended Fourth of July weekend. Dubbed ‘Booze It & Lose It: Operation Firecracker’, the crackdown ran between June 29 and July 5 and netted 1,340 arrests for driving while intoxicated in North Carolina.
State and local officers conducted more than 4,800 sobriety checkpoints and engaged in saturation patrols. A total of 53,614 traffic and criminal violations were issued throughout the state. The three counties with the highest numbers of NC DWI arrests were: Mecklenburg (93), New Hanover (75) and Wake (66).
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Trooper Charged with North Carolina DWI
Highway Patrol officer sideswipes another vehicle in NC drunk driving incident.
A North Carolina Highway Patrol trooper has been fired following an incident of driving while intoxicated in the Winston-Salem area. Around 9:30 pm Sgt. C.D. Jones reportedly sideswiped an SUV while off-duty in his personal vehicle. Jones’ blood alcohol content measured .22%, nearly three times the legal limit for intoxicated driving. The occupants of the SUV were treated for minor injuries.
Jones, 48, had been with the North Carolina Highway Patrol since 1985, and was assigned to the Winston-Salem troop. The NC DWI incident is still under investigation.
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State Trooper Charged with North Carolina DWI
State Patrol Officer arrested for drunk driving in Durham.
The Durham Police Department arrested a state trooper for suspicion of driving while intoxicated in North Carolina last Friday afternoon. John C. Fogg was off duty and in his own vehicle when he was involved in a two car collision on the Durham Freeway.
Fogg reportedly registered a blood alcohol content of .17%, more than twice the legal limit for intoxication.
Fogg, 40, has been a state trooper since August 2007 and he is based out of Wilson County, about 80 miles east of Durham. Fogg has been relieved of duty pending an investigation.
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Legislation Would Drop Driving Ban for North Carolina DWI
New bill would allow those guilty of drunk driving to re-apply for driver’s licenses.
Lawmakers approved a measure that would ease the penalties associated with driving while intoxicated in North Carolina. Under current NC DWI law, some repeat offenders have their driving privileges revoked for life. The new law would allow a driver who lost his/her license for drunk driving in NC to apply for a new license if they have no traffic or criminal convictions within the prior ten years.
The bill's supporters say that penalties for DWI should be tempered with opportunities when alcoholics seek help and recover from their illness. Opponents take the position that offenders should be punished without exception, and that the law is only for the convenience of drunks.
The legislation passed the state House by a vote of 89 to 29, and it is now headed to the state Senate.
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State Blocks Payments to DWI Attorney in NC Ticket Scheme
Quality of representation questioned by state office.
A North Carolina DWI defense attorney implicated in the ticket fixing scandal in Johnson County will not be paid for some of his services. The state Office for Indigent Defense Services said that Chad Lee, one of the four criminal defense lawyers whose clients benefitted from the illegal case dismissals, will be barred from payment. The office went on to clarify that payment will not be issued in all cases Lee was appointed to after April 13, citing an inability to provide "quality representation" with criminal charges being filed against the former county prosecutor.
The majority of cases dismissed in the ticket fixing scheme were represented by Attorney Lee.
The State Bar typically only takes action against an attorney after the legal process is completed. Like any other case, there is a presumption of innocence until proven guilty. Some wondered however whether Lee should be permitted to continue handling court appointed cases, given the criminal charges pending against him for his alleged role in the DWI ticket dismissals. Even other defense attorneys say the case against Lee could impair his credibility and thus his effectiveness in court.
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North Carolina DWI Ticket Fixing Scheme Uncovered
Much higher dismissal rate led to investigation.
A spike in the number of DWI case dismissals in one North Carolina county led to a review by the State Bureau of Investigation. Records show that 46% of the arrests for drunk driving in Johnston County were dismissed. The state average for DWI dismissals is 21%.
As a result of the investigation, six people, including a former county prosecutor and a former deputy court clerk, were indicted on charges of altering court records and using illegal dismissal forms to get a total of 37 cases dropped.
A District Attorney said a tracking system installed in October 2007 found cases scheduled for trial that had been dismissed months earlier. Of the 37 cases investigated by the SBI, 33 were for alcohol related offenses including driving while intoxicated in North Carolina. Most cases were dismissed on technicalities, such as tests not being completed or a witness not being available, though some were dropped without apparent reason. 70 dismissal forms signed by the Johnson County prosecutor were filed after she had left her position in September 2007. The court clerk was found to have deleted at least two cases from the court computer system.
The 70 dismissal forms were filed for cases involving just four criminal defense attorneys, including one former Johnson County prosecutor. It is not known if the defendants are aware that their cases were dismissed illegally.
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Contest to Make More NC DWI Arrests, Leads to Dismissal of Charges
Officers were given incentive to make more arrests for drunk driving in NC.
Members of the Guilford County Sheriff's Department were promised free meals for making the most arrests for NC DWI. In one traffic stop that led to an arrest for driving while intoxicated in North Carolina, the driver was a Greensboro Police Officer. An investigation by the officer's DWI defense lawyer into probable cause for the traffic stop led to the exposure of the incentive program.
While the sheriff's department denied there was a quota or a contest, a judge ruled that the incentive to make arrests was influential and it outweighed the court's role in determining the motorist's guilt or innocence. The case against the Greensboro officer was dismissed and later expunged from his record.
The free lunch incentive specifically targeted increased arrests for drunk driving in North Carolina, not general law enforcement or public safety. Whereas proponents for the contest claim the goal was reduce drunk driving, they refuse to acknowledge that any type of reward could lead to false charges being made against a driver so the arresting officer could win a prize.
It is not known how many officers were involved in the contest nor how long it was in place, though it is estimated that dozens of North Carolina DWI cases could be affected.
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Police Officer Charged with North Carolina DWI
Municipal cop arrested for drunk driving in Charlotte.
Officer Karen Dula, with the Charlotte-Mecklenburg police department, was arrested over the weekend for driving while intoxicated in North Carolina. Dula, 27, was off duty when she was stopped by the North Carolina Highway Patrol around 1:30 am Sunday morning.
Dula has been with the CMPD since 2003. She has been placed on administrative leave pending an internal investigation. The police chief expressed concern that a member of the force had been charged with NC DWI but noted that officers will be held responsible whether on or off duty.
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NASCAR Mogul's Daughter Charged with NC DWI
Anna Smith, daughter of Bruton Smith, injured in drunk driving crash in North Carolina.
The 25 year old daughter of billionaire NASCAR racing mogul Bruton Smith has been formally charged with driving while intoxicated in North Carolina and driving with a suspended driver's license. Anna Smith was involved in an accident on December 10 that left her seriously injured.
The accident occurred in Huntersville, NC, near Charlotte, around 5:00 am. Smith's vehicle was found wrecked in a field, 200 feet from the road, and she had reportedly been thrown 40 feet away. Ms. Smith remains hospitalized at Carolinas Medical Center.
Bruton Smith is the chairman of Speedway Motorsports, Inc.
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Governor Announces Arrest Totals for North Carolina DWI
Gov. Mike Easley releases numbers from Halloween campaign against drunk driving in North Carolina.
North Carolina Governor Mike Easley announced the impact of the four-day Halloween ‘Booze It & Lose It’ campaign against motorists suspected of driving while intoxicated. State and local law enforcement agencies netted a total of 743 NC DWI arrests between October 30 and November 2.
As part of the Governor’s Highway Safety Program, law enforcement officers conducted over 2,000 sobriety checkpoints and dedicated DWI patrols. The counties with the highest number of arrests for drunk driving in North Carolina were Pitt with 68 arrests, Wake with 41 and Mecklenburg with 31.
A total of 18,913 traffic and criminal citations were issued across the state during the campaign for seat belt violations, speeding, drugs possession and child safety violations. 112 fugitives were apprehended and 19 stolen cars were recovered.
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