Winston Salem DUI/DWI Law Blog

The son of a sheriff of a North Carolina county was arrested earlier this month for DWI, and the 21-year-old man could face significant consequences as a result.

The man was arrested for driving while intoxicated on April 21, according to police. The man's blood alcohol content was 0.13, which is above the state legal limit of 0.08.

A man convicted of first-degree murder because of a DWI accident has been freed from a North Carolina prison this week after serving about 15 years behind bars in what has been known in the state as a landmark case. The state Supreme Court determined that those facing drunk driving charges cannot be properly convicted of first-degree murder.

The 54-year-old man will be subject to post-release supervision for nine months, during which time he is prohibited from driving, consuming or possessing alcohol or entering a bar or liquor store. The man will be subject to random tests for drug and alcohol consumption, as well.

The driver had been consuming alcohol and prescription drugs while operating his vehicle on Sept. 4, 1996. He was convicted of crashing into a car carrying two 19-year-old Wake Forest University students, who were widely known throughout the community for their charitable efforts. Three other young women were seriously injured in the crash, while the remaining passenger sustained minor injuries.

The man became the first person in state history to be convicted of first-degree murder because of driving while intoxicated, a decision that was overturned in 2000 by the North Carolina Supreme Court. The court ordered that a new trial be held, during which the man was convicted for second-degree murder.

Not only was the case a contentious one in court, it also inspired a rash of legislation throughout the nation designed to crack down on repeat drunk driving offenders. But one could argue whether locking someone up and throwing away the key is at all rehabilitative. Now that he's out, the man has a chance to improve his life and help others learn from his mistakes.

Source: Winston-Salem Journal, "Figure in landmark impaired-driving case leaves prison today," Michael Hewlett, April 11, 2012 

A woman has been charged with murder in connection with a car accident that killed a 4-year-old girl in Iredell County, North Carolina. The woman had been driving her ex-fiancé's two children, along with another 6-year-old, when she wrecked her vehicle during an alleged felony DUI incident.

Police reports indicate that the woman reportedly drifted over the centerline on Shinnville Road in Mooresville on March 13, crashing her sedan head-on into a large truck. Officers say that none of the three children in the vehicle were restrained in child safety seats.

The woman's now ex-fiancé had told authorities and the media that the woman always buckled the children up, and he was shocked to find out that she had not used the booster seats that are required by law. The man had been engaged to the woman for several years, and they have an 8-year-old daughter together. He called the woman heartbroken after the incident.

The man told reporters earlier this month that his ex-fiancée had experienced a severe seizure that caused her to crash the vehicle. Just days after the accident, he said that he didn't want to press charges against her because she did not appear to be liable for the death of his daughter.

Earlier this week, though, the woman was officially charged with DUI and second-degree murder, as well as felony serious injury by motor vehicle, child abuse, driving on a revoked license, child restraint violation and driving left of the center line. And while tragic, there is no indication of what evidence police have that the woman was drunk. She could have legitimately suffered a seizure.

Source: WSOCTV.com, "Woman charged with murder in crash that killed 4-year-old, police say," March 26, 2012 

A 40-year-old Jacksonville, North Carolina, man has been charged with second-degree murder in connection with a mid-March accident. The man also faces drunk driving charges and a charge of vehicular manslaughter.

The accident occurred at about 9 p.m. on U.S. Highway 17, just south of White Oak River Road, according to official reports. Police claim the man's GMC pickup truck crossed the center line, colliding head-on with a 2008 Cadillac CTS. The collision killed the 53-year-old woman in the front passenger seat of the Cadillac and injured the driver, who was treated at Onslow Memorial Hospital and later released.

After hitting the Cadillac, the suspect reportedly ran into a 2005 Chevrolet Equinox driven by a 25-year-old New Bern, North Carolina resident, who was not injured. The suspect also did not sustain any injuries.

The suspect was booked into the Onslow County Jail under a $100,000 bond.

It's unknown what method police used to test whether the man was intoxicated while driving. The report also makes no mention of the suspect's blood alcohol content.

This news report leaves a lot of questions unanswered. In addition to not knowing how police knew whether the man was drunk or not, it also does not say why police believe the man's car crossed the center line. Perhaps something outside of his control, like a flat tire or an object in the road, caused him to swerve. While it's easy to rush to judgment in situations like this, it's important to remember that the suspect still is entitled to his day in court.

Source: The Daily News, "Driver charged with second-degree murder in fatal wreck," Suzanne Ulbrich, March 19, 2012