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when an officer seeks to remove blood from someone who is incapacitated, or when an officer requests that blood be withdrawn pursuant to a search warrant since the blood to be seized is specified in the warrant.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written confirmation of the officer’s request for the withdrawal of blood…the officer shall furnish it before blood is withdrawn.”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 29, 2012 | Car Accidents, Personal Injury, Uncategorized
A Davidson teen has miraculously escaped serious injury and death after a fiery crash on Interstate 85 Southbound near mile marker 98.
According to Troopers, the 19-tear-old teen’s car experienced tire failure, wet off the side of the road, crashed into an embankment and caught fire.
The teen was initially trapped inside the car, but was able to free himself by climbing out of the back window.
Luckily no other cars were involved the crash.
The traffic accident rates for people ages 16-19 are higher than those for any other age group on the road. Primary risk factors for young drivers include poor hazard detection, low risk perception, risk taking, not wearing seat belts, alcohol and drugs, and night driving. It’s important for teen drivers to be aware of these risks and the proper safety precautions that need to be taken to mitigate them. If you or a family member is involved in an accident, the trusted Accident Attorneys of Robert J. Reeves P.C. will be there to pave your successful road to recovery. Call today at 803-554-4157 or 877-374-5999 toll-free.
Nov 29, 2012 | Bicycling Accidents, Car Accidents, Personal Injury, Uncategorized
A 57-year-old bicyclist is hospitalized after he was struck by a vehicle Tuesday morning on N.C. Highway 8.
According to reports, the man was in stable condition Thursday at Wake Forest Baptist Medical Center in Winston-Salem.
The accident happened around 10:16 a.m. when man was riding his bicycle on the 3000 block of N.C. 8 and was struck by a 88-year-old Lexington man driving a 1992 Dodge.
A trooper from the N.C. Highway Patrol said that the driver attempted to pass the bicycle by moving over to the left to provide room for the bicyclist. As he was passing, the biker swerved over into the Dodge and sideswiped it. The bicyclist was thrown from his bike.
The bicyclist suffered a brain aneurysm and stroke after the crash.
According to the NHTSA, around 53,000 bicyclists have died in traffic crashes in the United States since 1932, the first year in which estimates of bicyclist fatalities were recorded. Moreover, this number only reflects those fatalities that were reported. Even though bicycles only have two wheels and are powered solely by pedals, they are entitled to the same considerations as all other road users. If you or a loved one is involved in a serious bicycling accident, hire the best attorneys that can get you on a successful path to recovery. Call the Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
Nov 29, 2012 | Car Accidents, Personal Injury, Trucking/Tractor-Trailer Accidents, Uncategorized
All lanes of Interstate 85 North were shut down after a truck carrying hazardous material overturned early Tuesday morning.
The North Carolina Department of Transportation had to shut down I-85 around 6 a.m. at the U.S. 64 exit near Thomasville after the hazardous accident took place.
According to reports, crews were dispatched to clean up the scene of the accident. Motorists were advised to drive slow, pay attention and avoid distractions.
The DOT is conducted an assessment of the clean-up efforts and urged road users to use I-85 business as an alternate route.
All lanes of Interstate 85 have since been opened.
The Hazmat Summary of incidents that occurred while transporting hazardous materials reported that 2,821 incidents occurred while hazardous materials were in transit during 2012. Transporting hazardous materials is, unfortunately a necessary means of accommodating the demands of the lifestyles of which most Americans have become accustomed. And Transporting these materials by trucks is one of the primary means of distribution. When driving around these vehicles, be sure to stay alert and strive to remain visible to the drivers at all times. If you are involved in a serious incident involving hazardous materials or otherwise, call the experienced and competent Accident Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.
Nov 28, 2012 | Criminal Defense, Uncategorized
A North Carolina woman has been charged in Lake Wylie, South Carolina for driving her car into her boyfriend’s house and damaging his car and garage. The 25-year-old woman claims to have been under the influence of bath salts when she made the decision to turn her vehicle into a fixture in the man’s house.
She is being charged with malicious injury to personal property and reckless driving, according to the York County Sheriff’s report. The dispute arose when the couple was recreationally using bath salts, and they got into an argument about the boyfriend’s female acquaintances. She threw his flat screen television on the ground and then ran through the garage with her car, damaging the man’s Mercedes. The woman was released on a $10,445 bond.
If you have been in an altercation with someone that ends in property damage, it is important for you to get compensated to the damage to your belongings. We can help you at the law offices of Reeves, Aiken & Hightower, LLP. Call our Fort Mill, SC office at 803-548-4444, or toll-free at 877-374-5999.
Nov 28, 2012 | Assault and Battery, Uncategorized
A Rock Hill, South Carolina woman is accused by police of cutting a man’s face with a razor. The report states that the woman is being charged by police with second-degree assault and battery.
According to police, the victim and various witnesses at the scene told police that the woman was intoxicated, and while the two were arguing, she pulled out a razor and cut the man’s cheek and nose. This occurred at around 2:30 a.m. The woman claims that the man attacked her out of nowhere and she was defending herself, but the validity of this statement is in question due to the degree of the woman’s intoxication.
When drinks have been consumed and the hours of the night begin to wane, the likelihood of arguments and altercations increase exponentially. It is important that when alcohol is consumed, it is done so responsibly. Otherwise, an assault, or even a death can take place. If you or a loved one has made the decision to stay out all night partaking in alcohol consumption and is involved in an alcohol related altercation, call the law offices of Reeves, Aiken & Hightower, LLP. You can reach our Fort Mill, South Carolina office at 803-548-4444, or toll-free at 877-374-5999.
