North Carolina legislators propose changes to drunk driving offenses

North Carolina is proposing significant legislative changes to its drunk driving laws.

2013-03-06

March 06, 2013 (Press-News.org) Within the hustle and bustle of the 2013 legislative session, North Carolina lawmakers are proposing significant changes to the criminal justice system. Some of the most noteworthy bills concern charges and sentences associated with drunk driving.

Ignition interlock devices

House Bill 43 would make North Carolina the 15th state to require ignition interlock devices for anyone convicted of driving while impaired.

Ignition interlocks test a person's blood-alcohol level before allowing a car to start. North Carolina's current law requires the devices for many repeat DWI offenders and limited first-time offenders found to have a blood-alcohol concentration of 0.15 percent or higher. The legal threshold for the state is 0.08. Nevertheless, the issue regarding mandatory ignition interlock devices for all first-time offenders has been an ongoing debate in the state, and this year, some lawmakers are advocating a change in the law. Currently, the bill has bipartisan support, with 10 co-sponsors. At this time, legislative staffers are studying the potential costs associated with the bill.

Habitual DWI offenders

House Bill 31 would change the way habitual DWI status is determined. Under current law, a driver must be convicted of four DWIs within a 10-year period before the state's toughest penalties kick in.

The motivation behind the new proposal is tied to a 1980s Forsyth County case in which a drunk driver killed a North Carolina couple and their infant granddaughter. Despite a number of DWI charges since the incident and two prison sentences, the driver of that case is not considered a habitual DWI offender under North Carolina law. That is because he has not had four convictions in the last 10 years; much of this time was spent behind bars.

The planned habitual offender legislation would require four DWI charges in 10 years or a previous habitual DWI conviction, regardless of timing. In other words, if someone were convicted as a habitual offender, he or she would remain a habitual offender when sentenced for new drunk driving convictions outside of the 10-year period. Those convicted based on numerous offenses would not be given a break if they offended outside of the decade.

While no changes are official at this time, such proposals could significantly affect the charges and consequences associated with drunk driving. If you have been accused of a crime, it is important to understand what you are up against. This requires a thorough understanding of current laws and procedures, which are constantly evolving. To ensure that your rights are protected, contact an experienced criminal lawyer. A qualified attorney retains up-to-date knowledge of North Carolina's law.

Article provided by Christina Rivenbark & Associates
Visit us at www.protectyourlegalrights.com

ELSE PRESS RELEASES FROM THIS DATE:

Child custody relocation requests in Minnesota

2013-03-06

The ending of a relationship is often a very difficult time emotionally for all parties involved. If the couple has children, it will be necessary to determine child custody and parenting time agreements that allows parents to remain a part of the lives of their children. Sometimes parents are able to work out an arrangement to submit to the court for approval. However, if they are unable to come to an agreement on their own, the court will issue an order that both parties may dislike. Once child custody has been established, it can be very difficult to change and it ...

A primer on Chapter 7 liquidation bankruptcy

2013-03-06

Back in 2005, the federal government made a number of important changes to the bankruptcy laws. The changes were encompassed in the Bankruptcy Abuse Prevention and Consumer Protection Act, a landmark piece of legislation that reframed the way in which most people thought about filing for bankruptcy. Many people incorrectly thought that it was impossible to file for Chapter 7 bankruptcy protection after 2005. Not long after that legislation was passed came the onset of the so-called "Great Recession" that our country is still feeling the effects of today. This ...

Supreme Court: Drug dogs can be used to establish probable cause

2013-03-06

Police have a lot of power when investigating alleged criminal activity. If they suspect an individual may be involved in the distribution of illegal drugs, they will often conduct extensive investigations into the suspect. Despite these powers, police must still adhere to the rights afforded to citizens in the U.S. Constitution, specifically protections against searches and seizures that would violate the Fourth Amendment. A recent Supreme Court case addressed the use of drug-detecting dogs to establish probable cause to search a vehicle in a Florida traffic stop. After ...

Help for social workers seeking SSD and SSI benefits

2013-03-06

Social workers are an invaluable resource to the millions of Americans struggling with illness, disability, poverty, abuse, addiction and innumerable other life hurdles. Social workers help these individuals manage their stress, connect socially and get access to programs and resources that can help them lead full and active lives. But for all the good social workers do, they also face very high levels of stress. Many social workers get close to their clients, and it can be hard to watch them struggle in the face of adversity when they are deserving of so much more. ...

Distracted driving contributes to thousands of deaths each year

2013-03-06

The next time you see someone talking on a cell phone while navigating traffic -- or you catch yourself reaching for your own phone while behind the wheel -- here's a little food for thought: A National Highway Traffic Safety report found that distracted driving contributed to 10 percent of all fatal crashes in the United States in 2010 and 18 percent of all car accidents with injuries. What does that mean in actual numbers? It means that 416,000 people were injured and 3,092 people lost their lives in distracted driving crashes. Distracted driving includes cell phone ...

Disabilities can threaten people's abilities to meet basic needs

2013-03-06

In difficult economic times, it can be a challenge for people to make ends meet. It can be even harder for those with disabilities to make enough money to provide for themselves and their families. A January 2013 study conducted by a federal agency showed that disability often plays a role in "food insecurity." Food insecurity When an adult in a home has a disability, it can be difficult for families to afford basic necessities. According to the U.S. Department of Agriculture, almost 15 percent of the household in the U.S. had trouble getting enough to eat ...

Firearm liability insurance could benefit victims of gun violence

2013-03-06

As mass shootings continue to plague our movie theaters, shopping malls and even schools, voices on either side of the gun control debate have grown louder. In many cases, gun control and gun rights advocates have struggled to find common ground. Those advocating for stricter gun control measures have suggested requiring universal background checks and placing restrictions on the size of magazines. Others who oppose gun ownership restrictions -- including at least one state representative in Missouri -- have resisted proposed gun control laws, including those that would ...

Colorado Supreme Court abandons corpus delicti rule

2013-03-06

Recently, the Colorado Supreme Court reversed a centuries-old rule governing the use of confessions as evidence in criminal cases. The standard for admitting confessions as evidence in such cases has been the corpus delicti rule. "Corpus delicti" literally translates to the "body of the crime." In other words, the rule requires the admission of evidence -- besides the confession -- to prove that a crime actually occurred. The confession alone is not sufficient to show a crime was committed. In overturning the rule, the Colorado Supreme Court elaborated ...

Tampa sinkhole causes water scare at local university

2013-03-06

Given the frequency of sinkholes in the Sunshine State, many Florida residents are well aware of the damage these craters can cause - everything from ruined landscaping to entire homes being swallowed up. However, a recent sinkhole scare at a local Tampa university demonstrated yet another potential hazard that may be linked to Florida sinkholes; namely, possible water contamination. USF boil water order According to the University of South Florida's (USF) newspaper - The Oracle - a boil water notice was recently issued after university officials received several ...

Distracted driving is primary cause of Missouri auto accidents

2013-03-06

Despite a nationwide focus on decreasing the number of accidents caused by distracted drivers -- including public awareness campaigns with slogans such as "Stop the Texts, Stop the Wrecks," -- statistics show the frequency of distracted driving collisions is on the rise. According to a Missouri State Highway Patrol sergeant, distracted drivers are now the primary cause of motor vehicle accidents in the state. In 2011, the Missouri State Highway Patrol reported that distracted driving accidents led to 153 fatalities and approximately 10,000 personal injuries. ...

International survey finds that support for climate interventions is tied to being hopeful and worried about climate change

NRG Oncology trial supports radiotherapy alone following radical hysterectomy should remain the standard of care for early-stage, intermediate-risk cervical cancer

North Carolina legislators propose changes to drunk driving offenses

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: