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Asheville, North Carolina, Criminal Defense Blog

Man faces underage drinking charges after fatal accident

A conviction for drunk driving charges can bring consequences that affect many aspects of a person's life. North Carolina DWI laws have been tightened over the past few years, lowering the number of offenses before one is charged with a felony and raising the severity of penalties for convictions. However, underage drinking charges have always been met with zero tolerance, and combining a charge of this nature with other offenses may create a serious situation for a young driver.

One man is in such a situation following a recent accident. The 20-year-old was traveling in his SUV one evening when he allegedly struck the back of a motorcycle at an intersection. His vehicle was then said to have struck the back of another SUV that was ahead of the motorcycle. Witnesses say the impact of the vehicle and the motorcycle sent the helmet of the 30-year-old biker flying100 feet and knocked the shoes and socks completely off the victim.

Just because it's a Breathalyzer doesn't mean it's accurate

Most of the dorm rooms and campuses at University of North Carolina, Warren Wilson, South College and other schools in surrounding regions are all but empty as summer breaks continue. Come August, many students will begin moving their things into the homes-away-from-home as they gear up for another post-secondary school year. Along with those arrivals comes a lot of socializing. Along with a lot of socializing typically comes one or more traffic stops on suspicion of drunk driving.

Just because police pull you over doesn't necessarily mean authorities will file charges, or, if they do, that a court will hand down a conviction, especially given the fact that breath tests are sometimes inaccurate. Such situations are usually very stressful, however, and those in the college crowd (or other) may want to brush up on Breathalyzer facts to help prepare them for the unexpected.

Weapons offenses concern lawmakers considering new bill

Gun owners in North Carolina are not shy about defending their Second Amendment right to bear arms. A bill currently making its way through the state legislature may allow gun owners to bear those arms with even more liberty. Still, there are many who worry about the dangers the bill presents and the potential for an increase in weapons offenses, especially for those who are not familiar with carrying firearms.

If the law passes, it would eliminate the need for permits to carry concealed weapons in places where openly carrying a weapon is allowed. The bill also lowers from 21 to 18 the age at which someone can apply for a concealed-carry permit. Decisions regarding the approval or rejection of applications for such permits would be made within 90 days instead of 45 days from the time the sheriff obtains the mental health report of an applicant.

Summer roadtrip to North Carolina beach leads to arrest

Road trips are a right of passage for many teenagers. School is out for the summer, and the beach beckons to them. Along with the sun and surf, there are also the parties and socializing that are a part of the enticement. However, in preparing for and then participating in such an adventure, the teenagers will want to be sure to adhere to North Carolina laws regarding teenage drinking and drug possession.

Recently, a group of teenagers planned a beach trip in celebration of their high school graduation. They loaded their vehicles and headed towards Myrtle Beach. However, they were stopped for speeding in route to their destination.

North Carolina driver charged with DUI in accident with injuries

The decision to drive a vehicle carries with it a certain responsibility. In addition to one's own actions, the driver is also responsible for his or her passengers as well as others with whom he or she may come in contact. When one decides to operate a vehicle on a North Carolina roadway, one is taking on a great responsibility.

Recently, the driver of a Ford Explorer was involved in a single car crash that apparently caused injury to her three minor passengers. All in all, there were seven people in the vehicle, including the 24-year-old driver. Reports indicate that she veered off the side of the road and, as she corrected that error, she over-corrected and crossed over the center line. Her vehicle then went off the road on the left hand side, turned over and collided with several trees. The three children in the Explorer were injured and transported to the hospital.

North Carolina parolee facing new drug charges

On the occasion that they have the opportunity to spend time at home, many individuals can be found tinkering around the house or curled up watching a show on television. The home typically offers one the privacy to do as he or she pleases. However, if such an individual is on parole in North Carolina, this may not always be the case.

Believing that one such individual had committed a parole violation, North Carolina law enforcement officers appeared at his home. Based upon the alleged parole violation, they then searched his home without a warrant. Officers claim to have found cocaine in various forms along with drug paraphernalia. The man was arrested and charged with a variety of drug related charges, including manufacturing cocaine and the intent to sell cocaine. After the fact, warrants were obtained.

North Carolina accident leads to DWI, felony death charges

The average individual knows that drinking and driving is not a good idea. Yet, every single day, there are individuals who have been drinking that drive along North Carolina roadways. Some of these drivers manage to get where they are going without calling attention to themselves or causing harm to others. However, some of these drivers are not so lucky.

Recently, a 23-year-old woman has been accused of hitting a bicyclist. Officers claim that she did not stop her vehicle, and then collided with another object further down the road. Reports indicate that her vehicle was seriously damaged and a tire was missing.

Seizing opportunities to challenge faulty vehicle searches

If you're one of many North Carolina college students who just rocked their final exams and are excited to finally be winding down another school semester, you may also be one of many who have plans to hit the beach in celebration of a successful academic year. Traffic on state highways is often heavy in early June due to many out-of-state visitors heading to the Outer Banks and other scenic regions for vacations. You're undoubtedly already aware of the need to drive safely.

However, if you happen to get pulled over while you and your friends are making your way to those prime waves and sandy shores, you definitely wouldn't be the first (or the last) to encounter such a predicament. Many such situations resolve themselves quickly and without any negative repercussion beyond a minor warning or other instruction from a police officer. Other times, not so much. In fact, the slightest change of events during a traffic stop can turn an uneventful moment into a serious criminal matter.

North Carolina Text-A-Tip line leads to drug related arrests

When a concerned resident sees something that does not appear to be right, he or she will generally notify the proper authorities. If it is a problem with a fixture in an apartment complex, the proper authority would be the apartment management representative; if it is a problem with a car, the proper authority would be a car mechanic. However, if the problem is suspected illegal activity, the proper authority would be North Carolina law enforcement.

Apparently, a couple of months ago, a concerned individual suspected that there was illegal activity occurring at a Wilmington, North Carolina, residence. As a result, this individual sent a text to the Text-A-Tip line. Law enforcement officers began an investigation and recently arrested six people.

Deadly North Carolina accident leads to drunk driving charge

North Carolina roadways are dangerous. All too often, something happens that results in an accident. Sometimes the accident causes only minor damage, and all parties walk away with no harm done. Other times, someone loses their life.  Many times, accidents can have lasting medical, emotional, financial and legal effects on those involved.

Recently, an accident claimed the life of a driver. According to police reports, a 44-year-old man was operating a Toyota Tacoma with a trailer in tow. Apparently, he crossed over into oncoming traffic and collided with a Ford Mustang. The 44-year-old woman driving the Mustang was pronounced dead at the scene of the accident, and the driver of the Tacoma was transported to a local hospital for treatment.

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Messer Law Firm
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Asheville, NC 28801

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