DWI on Legal Drugs: It is Possible 

Getting a DWI on legal drugs is actually quite possible, and even common. When you hear the term DWI or DUI, you likely think solely of drinking and driving. While this is definitely the most common cause for DWI charges, it is not the only reason for receiving those charges. In fact, there are many over-the-counter drugs and prescriptions that can lead to a impaired deriving charge, if you choose to drive with them in your system.

DWI on Legal Drugs: It is Possible

That medication you have, could be perfectly legal but still result in a DUI. Ultimately, the law requires that a driver is on the public roadway and under the influence of any impairing substance. Therefore, legal drugs of any sort can still lead to issues if you are stopped for any reason. We’ve seen these cases come up with celebrities and athletes in the past, such as Tiger Woods. 

Medications come with side effects

Many medications, no matter how minor, come with a range of side effects. Those side effects can go from nausea, slowed motor skills, blurred vision, drowsiness, lack of coordination— ultimately, if you can name it, it’s probably a side effect of some medication. And if you combine any one of these with driving? It can lead to trouble for you, as well as other drivers. Next thing you know, that pain medication you took a little bit of is landing you in court and with a DUI conviction.

Unfortunate, unintentional, yet still possible

There are people who drive under the influence deliberately, and others who merely make a bad judgement call. Taking a necessary medication, and driving, falls into that judgement zone. In order to prevent these types of DWI on your account, speak with your doctor. Take the medicine as prescribed, discuss the risks of driving on the medication, and any other side effects for your own safety. It’s also important to remember that every body, and it’s reaction, are different. So, even if the doctor does not communicate any risk— exercise caution when using the medicine until you understand how it effects you. Furthermore, never drink on medication, and find a designated driver if you plan on doing so. Medication and alcohol don’t mix, especially with driving. So, drive smart, drive sober, and speak with your doctor about medication risks.

How “Visual Estimate of Speed” works in North Carolina

A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed?  In the Fourth Circuit that question appeared to be answered in the case of United States v. Sowards which held that the officer’s visual estimation that the defendant was slightly speeding was not enough to justify a traffic stop.  However in a case that was ruled on last week this holding has been modified.

In United States v. Mubdi the court held that a visual estimate of speeding between 63 and 65 m.p.h. in a 55 m.p.h. zone was enough.   The two cases were distinguished by saying that in Mubdi two Statesville police officers visually estimated the vehicle was speeding at about the same rate of speed. The two officers were in separate vehicles and observed the defendant driving on I-77.   Whereas in the Sowards case only one officer made a visual estimate of the defendant’s speed and noted that the officer in that case was “measurement-challenged.”

So what does this mean for us now?  With this new case the federal courts is likely to find that a police officer has probable cause to stop someone only based on a visual estimate of speeding if certain conditions are met.

The parameters established so far appear to be that one officer who “measurement challenged” may lack probable cause to make a stop but if two police officers make an almost identical estimate of the speed that would be enough.  We will have to see how this issue continues to play out in our courts to determine what the middle ground here is.

The attorneys at Robert J. Reeves, P.C. have the experience and knowledge of North Carolina criminal law that is necessary defend your case. Contact us toll-free at 877-374-5999 for more information on your options.

Searches by Police and Warrant Exceptions

Generally anytime police perform a search they must have probable cause to do so.  In some cases police must have a warrant but exceptions do exist to the 4^th amendment warrant requirement in which police may perform search so long as probable cause exists. 

The search of a vehicle is an area of the law which police are given more leniency to search because the reasonable expectation of privacy in a vehicle is considered to be less than other places, such as a home or the person.  In a limited situation police may search a vehicle with only reasonable suspicion, which is a less demanding standard than probable cause.   This is known as a “car frisk.”

Police are allowed to search the passenger compartment of a vehicle, which is limited to areas where a weapon may be placed or hidden, if the officer has reasonable suspicion to believe the suspect is dangerous and may gain immediate control of a weapon. Michigan v. Long, 463 U.S. 1032 (1983).

This was a Supreme Court decision was decided in the context of a Terry stop but the same concept applies to a routine traffic stop.  In North Carolina courts applying this standard consider all the factors that existed at the time of the traffic stop to determine if the officer had reasonable suspicion.  These factors include furtive movements of people in the vehicle, non-compliance with police instruction, belligerence, and a visual indication of weapons in a vehicle.

If police have reasonable suspicion to believe a weapon is in the vehicle and the driver may use it he may “frisk” the vehicle.  If an officer finds anything else during this basic “frisk” that may be incriminating it could be used against the driver as long as the officer was lawfully performing the search.   Just because an officer performed and believed he had a lawful reason to do so does not mean the search will be held as lawful in court.  A skilled attorney can review the circumstances of the stop and uncover problems with the search which may keep incriminating evidence from being used.

If you should find yourself in a situation where you have been charged with a DWI you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves.  For a private, confidential consultation with one of our experienced DWI lawyers at Robert J. Reeves, P.C., please call 704-499-9000 or toll-free 877-374-5999. You can also visit our main page at www.rjrlaw.com