Nov 29, 2012 | DUI & DWI, Uncategorized
WRAL, a North Carolina news agency, has reported that a Selma, NC police officer handcuffed an emergency room nurse who refused to withdraw blood from a DUI suspect the police brought in for blood testing. The nurse was eventually released from the handcuffs and the suspect’s charge was later dropped because the arrest was unsupported by probable cause. The Motor Vehicle Driver Protection Act of 2006, S.L. 2006-253, requires medical providers and other qualified persons to withdraw blood in implied-consent cases pursuant to an officer’s request. Id.
S.L. 2006-253 amended G.S. 20-139.1(c) to provide that “when a blood test is specified as the type of chemical analysis by a law enforcement officer, a physician, registered nurse, emergency medical technician, or other qualified person shall withdraw the blood sample…and no further authorization or approval is required.” Id. This is applicable when an officer seeks to remove blood from someone who is incapacitated, or when an officer requests that blood be withdrawn pursuant to a search warrant since the blood to be seized is specified in the warrant.
Also, S.L. 2006-253 enacted G.S. 20-139.1(d)(1) and (d)(2), which authorize both the warrantless withdrawal of blood following a defendants refusal to be tested, and it prescribes procedures for compelled warrantless blood draws. The basic premise is that when a blood sample is requested by a police officer, no further authorization or approval is required, by medical professionals or others.
However, the statutes further provide that “if the person withdrawing the blood…requests written confirmation of the officer’s request for the withdrawal of blood…the officer shall furnish it before blood is withdrawn.” The medical provider may only refuse “if it reasonably appears that the procedure cannot be performed without endangering the safety of the person collecting the sample of the safety of the person from whom the sample is being collected.”
The point here that is not quite as clear as to whether a medical provider’s refusal to withdraw blood amounts to a crime. While it is not addressed in the statute, the most likely criminal charges are resisting, delaying or obstructing an officer in violation of G.S. 14-223, but there is no specific provision outlining such an ordeal as a crime.
If a medical provider does refuse to withdraw blood when confronted with a search warrant; does this add up to criminal contempt? The problem is that the warrants for blood do not direct individuals who are not parties to perform any duty. Therefore, it is impossible, by abiding by the statute, for a medical provider to willfully disobey the court order.
If you are a medical provider, or the suspect who was having blood extracted, call the law offices of Reeves, Aiken & Hightower, LLP for an understanding of your rights. The legal verdict is still out on how the law will go in this type of situation. It is important to know how these types of situations will be resolved. Call our North Carolina office at 704-499-9000, or toll-free at 877-374-5999.
Nov 27, 2012 | DUI & DWI, Uncategorized
Rock Hill police report that a 19-year-old man ran his truck into a car and is being charged with driving under the influence, leaving the scene of the accident, and driving under suspension. Officers were called to the 1200 block of Dave Lyle Boulevard at around 9:30 p.m. after reports of a hit-and-run crash.
The 17-year-old driver of the Lexus was incoherent and suffering from a head injury. He also suffered an injury to his left arm. The driver of the truck drove home after his tire flew from his truck. The police were able to follow gouge marks to a house with a truck missing a tire. The man at the house admitted to driving the truck and police arrested him after detecting alcohol on his breath.
The officers administered a breathalyzer test on the man and found that his blood alcohol concentration (BAC) was at 0.09. In the state of South Carolina, if a person is found to have a higher BAC than 0.08, they can be charged with DUI. If you or a loved one has been charged with driving under the influence, driving under suspension, or any other alcohol related charge, call the law offices of Reeves Aiken & Hightower for a consultation. We know that a DUI can determine the next year or so of a person’s life; therefore, it is important for you to get proper representation. Call us at 803-548-4444, or toll-free at 877-374-5999.
Nov 26, 2012 | DUI & DWI, Uncategorized
Two Rock Hill, SC men, arriving in a Buick Regal, attempted to shoplift some cold alcoholic beverages from a local Food Lion when suddenly, they ran out of gas. The shoplifters pilfered the beer from the Food Lion located on Heckle Boulevard. The car was driven by a Rock Hillwoman who was identified by a Food Lion worker. The employee was also able to provide the police with a license plate number.
Police found the unfortunate threesome stranded on the side of McConnells Highway just a little while later; their car having run out of gas. They identified the license plate number and drove the couple to theYork County jail. Here, the man allegedly attempted to spit in the face of the officer. The woman stated that she did not know the beer was stolen, but mentioned, however, that it was weird that her friends had beer on Sunday.
Alcohol is an addiction that can do weird things to people. When people have been drinking, or have the urge to drink, the potential to engage in criminal actions is greatly heightened. If you or someone you love has done something foolish as a result of consumption, or in the pursuit of consumption of alcohol, call the law offices of Reeves, Aiken & Hightower, LLP. Here we understand the grip alcohol can have on a person and we are here to help you. Call us at 803-548-4444, or toll-free at 877-374-5999 for a consultation. We have attorneys who are knowledgeable in DUI and alcohol related defense.
Nov 26, 2012 | Car Accidents, DUI & DWI, Personal Injury, Uncategorized
Three people were hospitalized after a multi-car wreck in north Charlotte Saturday evening.
The crash was reported just after 7 p.m. in the 400 block of W. Sugar Creek Road, about a half mile from the intersection of North Tryon and Sugar Creek.
According to police, the driver was impaired and crossed the median, striking four vehicles in the process.
Three people were transported to area hospitals with potentially life-threatening injuries. One of the three people taken to the hospital was the drunk driver who caused the crash. He is reportedly in intensive care in Carolinas Medical Center Main.
Officials say the driver will be facing a slew of charges once he has been released from the hospital. Witnesses say the driver was so intoxicated he could barely stand.
Police across the nation are cracking down on drunk driving. And there’s good reason for this trend since the NHTSA found that 10,228 people were killed in alcohol-impaired driving crashes in 2010. There is always a better option than driving while impaired. Call the DUI Attorneys of Reeves, Aiken, and Hightower if you or a loved one is involved in a serious accident. You can speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free.
Nov 26, 2012 | Car Accidents, DUI & DWI, Uncategorized
An east Charlotte father is dead after his car was struck head-on by a drunk driver Saturday.
The now deceased man was pulling out of his neighborhood with his wife and young daughter heading for a Miami vacation, when the 20-year-old drunk driver crashed into the family’s car on Reedy Creek Road just before 1 a.m.
The drunk driver was charged with felony death by vehicle, involuntary manslaughter, DWI and driving after drinking under 21 years of age.
Family members and friends spoke highly of the man that was killed in the crash, who apparently brought his family to the U.S. from Cuba years ago to find a better life.
Studies by the National Highway Traffic and Safety Administration reveal that the fatalities resulting from alcohol related motor-vehicle crashes 2010 account for a startling 31 percent of the total motor vehicle traffic fatalities in the U.S. that year. If you or someone you love is involved in a serious accident, you need a trusted attorney that can investigate you claim and hold all parties accountable. Find a successful path to recovery by calling the DUI Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
Nov 19, 2012 | DUI & DWI, Uncategorized
A 43-year-old man is being charged with DUI and Child Endangerment after deputies say he was driving under the influence of alcohol with his 5-year-old daughter in the car. Deputies found the car pulled over to the side of the road with the man and his daughter asleep in the car, with the car in drive and the engine running.
Additionally, the man registered a 0.17 on a breathalyzer exam, which is over double the legal limit. The man was taken to Kershaw County Detention Center, and his daughter was taken to her grandmothers.
Driving under the influence can have some serious penalties attached to it; however, if you add other charges to a DUI, fines and penalties can rack up quickly. If you or a loved one has been charged with Driving under the Influence call the law offices of Reeves, Aiken & Hightower, LLP. You can reach our Fort Mill, SC office at 803-548-4444, or toll-free at 877-374-5999.
