Mar 11, 2013 | DUI & DWI, Felony DUI, Uncategorized
Recently, trial courts are managing the flow of litigation by utilizing G.S. 20-139.1(e)(2). This statute requires that implied consent cases be continued until the chemical analyst, who analyzed the defendant’s blood, breath, or urine, can be present. This is, of course, unless the defendant waives his rights to such an analysis.
This is very important in an impaired driving case, where now, courts must consider G.S. 20-139.1(e)(2). This statute states that “the case shall be continued until the analyst can be present,” and that “the criminal case shall not be dismissed due to the failure of the analyst to appear, unless the analyst willfully fails to appear after being ordered to appear by the court.”
In State v. Joe, 723 S.E.2d 339 (2012), the court determined that the trial court may grant a defendant’s motion to dismiss under G.S. 15A-954, or the State may dismiss pursuant to G.S. 15A-931. Thus, the legislature has instructed courts to continue certain implied consent cases so that a chemical analyst may appear. However, if an analyst willfully does not appear after having been summoned by the court, the court may grant an exception to this rule.
The overall question we are confronted with here is whether it is unconstitutional for a legislature to be involved so directly with trial court matters?
Article IV, Section 13(2) of the NC Constitution allows the General Assembly to “make rules of procedure and practice for the Superior Court and District Court Divisions,” and further provides that “no rule of procedure or practice shall abridge substantive rights or abrogate or limit the right of trial by jury.” So, the General Statute is likely constitutional in that the legislature is in a proper area to make determinations.
If you or someone close to you has been charged with a DUI, or alcohol related crime in North Carolina, make sure that you are covering every possible base. G.S. 20-139.1(e)(2) can be a protection measure for many people; it ensures that the scientific tests, which is the most reliable evidence in a DUI case, must be presented through a chemical analyst. At Reeves, Aiken & Hightower, LLP., we stay up to date on the most recent North Carolina decisions so that we can represent our clients in the most efficient way possible. If you have been charged with driving under the influence, call our Charlotte, North Carolina office at 704-499-9000 for a consultation.
Mar 8, 2013 | DUI & DWI, Uncategorized
A Chester, SC man will likely be charged with driving under the influence after he drove his car into a pool last week. The 32-year-old driver was airlifted to Carolinas Medical Center with serious injuries after he was rescued from the pool by emergency workers.
The crash is currently under investigation as the police believe the man was under the influence. The man resided across the street from where the accident occurred.
If you or a loved one has been charged with DUI, or a related charge, call the law offices of Reeves, Aiken & Hightower, LLP. We have experienced attorneys who are ready to fight for you. Call our BaxterVillage office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 7, 2013 | DUI & DWI, Felony DUI, Uncategorized
A Clover, South Carolina man, who was involved in the hit-and-run of a cyclist in July, pled guilty this week to Felony DUI, and leaving the scene of an accident which resulted in death. The man apologized through tears, and uttered that he was sorry to the man’s family. The man was sentenced to 15 years in prison.
The cyclist was riding his bicycle on Heckle Boulevard in Rock Hill when the driver’s sedan struck him and threw him off to the shoulder of the road. The man was taken to the hospital where he died shortly thereafter.
The driver, however, fled the scene of the accident; he was later apprehended by authorities after they found the man’s Mazda driving with a flat tire. Police report that two hours after the accident, the man had a blood alcohol concentration (B.A.C) or .08. However, the toxicology report showed Benadryl, Valium, and Klonopin in the man’s system.
Reporters state that Hollis pled guilty to receive a lesser sentence. Felony DUI hit-and-run resulting in death can carry a sentence of up to 25 years in prison and up to $25,000 fines.
The decision to drink and use illegal (and even legal) substances before getting behind the wheel of a vehicle can hold serious implications. Accidents can happen, and if they occur when someone is under the influence of a controlled substance, criminal penalties may drastically increase. Depending on the situation, a person can be charged with DUI, Felony DUI, DUI resulting in serious bodily injury, and even DUI resulting in death. For the reason stated above, it is important that when one makes the decision to drink alcohol, or use other substances, they do not drive a vehicle.
However, alcohol can lower one’s inhibitions to the point that prudent decisions may not be made. When you or a loved one has been implicated in an infraction associated with driving under the influence, you must have effective representation. Call the law offices of Reeves, Aiken & Hightower, LLP. We have experience in dealing with alcohol related offenses. You can reach our Baxter Village office in beautiful Fort Mill, South Carolina at 803-548-4444 or toll free at 877-374-5999. We would be delighted to assist you.
Mar 6, 2013 | DUI & DWI, Felony DUI, Uncategorized
A 50-year-old Rock Hill, South Carolina man was charged with his third driving under the influence (DUI) charge at 2:00 a.m. on New Years Day. Officers report that he failed to stop for the officer’s blue light, and when he eventually can to a stop, he parked in the front of a resident’s lawn.
Rock Hill Police discovered that the man had two previous convictions for DUI; the current charge being the man’s third. Further, the breathalyzer test reading was at a allegedly a .20, according to the Police report.
If you or a loved one is struggling with repetitive DUI or drug charges, you must be represented by competent council. At Reeves, Aiken & Hightower, LLP, we have attorneys with over 20 years of experience in assisting clients with their legal problems. Do not hesitate to call our Baxter Village office in Fort Mill, South Carolina for a consultation; you can reach us at 803-548-4444. Also, feel free to call our toll free number at 877-374-5999.
Mar 5, 2013 | Criminal Defense, DUI & DWI, Felony DUI, Uncategorized
On December 18, 2012, Charlotte Mecklenburg patrol officers and policemen teamed with the Mecklenburg ABC Law Enforcement to file an astonishing total of 89 DWI charges. The checkpoint was set up on University City Boulevard late on Friday evening and early into Saturday morning.
This particular checkpoint was the “kick off” to the later 25 checkpoints that the Enforcement Team plans to hold throughout Charlotte this year.
According to reports, the checkpoint was equipped with a large bus that was standing by to administer breathalyzer tests to the person suspected of drinking and driving. The checkpoint was instituted as part of a statewide “Booze It or Lose It” campaign in which the force wished to prevent drunk driving and educate the public of the serious dangers in connection to driving while intoxicated.
This particular checkpoint was set up were targeted towards college students attending the University of North Carolina at the Charlotte Campus. The Campus has numerous entrances, one being located directly off of University City Boulevard.
After all was said and done, 24 people were charged with driving with a revoked license. Moreover, 18 people were charged for operating tractor-trailers or semi’s without having the proper operator’s license. Of the 89 charges issued, only seven were awarded to people who were driving while intoxicated. The remaining 29 charges were due too minor traffic violations.
If you or someone you know has been charged with a DWI, or any other traffic violation, contact the law offices of Reeves, Aiken,and Hightower,LLP. Our criminal attorneys understand the hardships that come with any criminal charges and want to help you or someone you know through his/her difficult time. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
Mar 4, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, DUI & DWI, Possession with Intent to Distribute a Controlled Substance, Uncategorized
A 50-year-old Rock Hill woman has been apprehended by authorities on site at a cemetary last Monday, where she was caught inhaling fumes from a computer duster spray can.
According to a police report, officers were dispatched to the Forest Hills Cemetery on Old York Road. A witness had called in claiming a woman was parked in a silver colored SUV in the cemetery and that she was holding some type of can.
Officers approached the car and the woman was passed out behind the wheel. When officers awoke the woman, police stated her eyes were glassy, according to a report. Two cans were taken as evidence from the scene.
The woman was released Monday on a $500 bond and is being charged with inhaling aromatic hydrocarbons.
If you or someone you know is facing prosecution for any criminal charges, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. Our criminal attorneys handle many types of criminal cases in North and South Carolina. We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
