Two People Charged with DWI from One vehicle: Aiding and Abetting

A vehicle accident which occurred in Gaston NC will result in two charges related to impaired driving. Normally one would think that the drivers of two separate vehicles are receiving the charges. However this case is not an ordinary case, as both the people being charged were in the same vehicle. The driver of the vehicle that was involved in the accident and the passenger of the vehicle will be receiving charges related to impaired driving.

The accident happened when the passenger grabbed the steering wheel to navigate the vehicle for a moment while the driver was texting.  The driver of the vehicle was sober at the time but the passenger was intoxicated. The passenger was taken to the hospital but will be charged with DWI. The driver of the vehicle will be charged with aiding and abetting a DWI.  The law in North Carolina permits someone to be charged with aiding and abetting a DWI if they let an intoxicated person operate the vehicle.

So this blog then begs the question, what is aiding and abetting in North Carolina?  Accordingly, there was near two thousand North Carolina resident who were subsequently charged with the crime of aiding and abetting last year alone in the state of North Carolina in violation N.C.G.S. 20-138.1.

The statute specially states that  a” defendant aids and abets impaired driving when he knowingly advises, instigates, encourages, or aids another person to drive while impaired and his actions cause or contribute to the commission of the crime. State v. Goode, 350 N.C. 247, 260 (1999).

Essentially, what this law is saying in laymen’s terms is that if you allow another person to operate your vehicle while they are impaired, and you are impaired, and the driver of your vehicle contributes to the crime at hand, which is most likely a DWI, then you too can be charged separately as a defendant in a separate case, simply for allowing the intoxicated person to operate your vehicle while they are above the legal limit.

This charge has become increasingly more common in the state of North Carolina.

If you have been charged with a DWI or an “aiding and abetting” charge in North Carolina, it is important to contact an attorney who understands the law. Our attorneys at Robert J. Reeves, P.C. have experience handling criminal cases in NC and will work tirelessly to defend your case.  Contact one of our attorneys today directly by calling 704-499-9000 or toll free 877-374-5999 or you can visit our main page at www.rjrlaw.com for more information.

When is a Warrantless Search Allowed in an NC home?

The very entry of law enforcement officers into a private residence is a search under the Fourth Amendment as seen in State v. Barnes where the court held that an intrusion into a home is a search under the Fourth Amendment because “physical entry of a home is the chief evil against which the wording of the Fourth Amendment is directed.”. State v. Barnes, 158 N.C. 606, 610 (2003). Furthermore, the court noted that “with few exceptions, the question whether a warrantless search of a home is reasonable and hence constitutional must be answered no.” Id.

A search which is based on exigency must be “strictly circumscribed by the exigencies which justified its initiation.”  State V.Gerogieos. Here, the decision was made that “ a generalized interest in expedient law enforcement cannot, without more, justify a warrantless search.” State V.Gerogieos, 126 S. Ct. 1515, 1523 n.3 (2006)

Examples that are provided of exigent circumstances or “exigency,”  include hot pursuit of a fleeing suspect and preventing imminent harm to a law enforcement officer. Id. at 1524 n.6.

North Carolina evaluates whether exigent circumstances exist to justify a warrantless search by using the totality of the circumstances test. In State v. Worsley, where the court held that exigent circumstances existed where eyewitnesses to a murder had identified the defendant as the  specific killer, and another witness  stated he saw the defendant running to his apartment shortly after the murder. Id. The police department stated they fresh blood was found on the doorknob of defendant’s door and officers knocked loudly on door and announced themselves without any response).State v.Worsley, 336 N.C. 268 (1994)

In order to justify a “warrantless entry” into a residence both probable cause and exigent circumstances which would warrant an exception to the warrant requirement must be present. State v. Wallace, 111 N.C. App. 581 (1993). The court here found that the exigency exception “may apply if officers are responding to an emergency and where there is a compelling need for official action and no time to secure a warrant;” however the burden rests with the State to prove the existence of exigent circumstances. Id. It stated that circumstances which may be sufficient to qualify as exigent include an officer’s objective, there must be a “reasonable belief that evidence will be destroyed before being able to obtain a warrant.” However, in State v. Nowell, the court held that exigent circumstances did not exist to justify warrantless entry into private residence where officers did not have a reasonably objective belief that evidence was about to be removed or destroyed. State v. Nowell, 144 N.C. App. 636 (2001).

The difference between the two cases ultimately rests on the difference whether or not exigent circumstances, or ” an emergencency situation” exists on whether or not a warrantless search will be permitted.

If you have been involved in a situation where you feel as though there has been a warrantless search or seizure conducted on you, contact the  criminal defense attorneys at Robert. J. Reeves, P.C. toll-free at 877-374-5999 toll-free fore more information on your options.

Drug Classifications and Schedules in North Carolina

Drug charges in North Carolina vary depending on the type of drug you possess, and the severity of such charges may also vary depending on the amount of the drug that was possessed.  In North Carolina, drugs are broken down into different schedules.  Schedule I is the most severe and Schedule VI is the least severe.  Drugs are generally categorized based on how addictive they are, and how harmful the side effects are.  Below is a list of schedules in North Carolina:

Schedule I – Includes Heroin, Ecstasy, GHB, Methaqualone, Peyote, and Opiates; Possession of these drugs are a Class I Felony

Schedule II – Includes Cocaine, Raw Opium, Opium Extracts, Fluid and Powder Codeine, Hydrocodone, Morphine, and Methadone; First Offense for any of these is a Class I Misdemeanor and a Second Offense is a Class I Felony

Schedule III– Includes Ketamine, Anabolic Steroids, and some Barbiturates; First Offense is a Class I Misdemeanor and a Second Offense is a Class 1 Felony

Schedule IV – Includes Valium, Xanax, Rohypnol, Darvon, Clonazepam, and Barbital; First Offense is a Class 1 Misdemeanor and a Second Offense is a Class I Felony.

Schedule V – Includes over the counter cough medicines with codeine; First Offense is a Class 2 Misdemeanor and a Second Offense is a Class 1 Misdemeanor

Schedule VI– Includes Marijuana, Hashish, and Hashish Oil; First Offense is a Class 3 Misdemeanor and a Second Offense is a Class 2 Misdemeanor.

While these are typical classes and punishments for drug charges in North Carolina, these will be enhanced if someone is charged distributing any of them.  Therefore, if you or a loved one has been charged with the possession or distribution of one of these substances contact the law offices of Robert J. Reeves, P.C. toll-free at 877-374-5999. You can also visit our homepage at www.rjrlaw.com for more information on how to contact us.