High Driving: Cannabis and Cars in Carolina

When you think of impaired driving, drinking likely comes to mind. But, impaired driving can come in many forms. One form in particular we’re going to explore today, is high driving. Yep, that’s right, cannabis and driving. As I’m sure you’re aware, legal cannabis hasn’t quite made it to our neck of the woods yet. So, as of now, cannabis use is illegal in terms of using it, and driving under the influence. But, what you might not understand, is how cannabis affects your driving…

High Driving: Cannabis and Cars in Carolina

Marijuana and motor skills

The way in which cannabis affects motor skills varies pretty greatly from one person to another. In the event that you’re an avid user, your motor skills will be less affected. Furthermore, the amount that you use, as well as potency, can have an impact on this as well. But, as a whole, studies do show that cannabis will affect motor skills through the nerve cells which control muscle movement.

Unclear evidence

While, through studies, we know that cannabis can affect these areas, it’s quite tough to judge. Being that studies are still quite limited due to legalization, and outstanding bias, the numbers we get form studies can often become skewed. One of the largest issues is that, while there are claims that high drivers are more likely to crash— cannabis stays in your system for days, weeks, or even a month at a time. Therefore, you can fail a drug test even if you weren’t high at the time of the crash. Because drug testing for marijuana is still difficult to pin down time-wise, much of the testing can be easy to refute in court because it likes accuracy on anything other than the fact that you were, at some point in the past few weeks, under the influence.

When it comes to high driving…

We don’t advise it. Any kind of impaired driving takes your focus from the road, and puts it somewhere else. So, when impaired, you are more likely to make mistakes. It doesn’t matter the type of impairment, or your ability to drive, we’re just saying it’s more likely than it might have been. So, drive safe, drive sober, and call us if you get pulled over. While your case might seem hopeless to you, it’s always worth a free consultation…

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.