Charlotte Criminal Lawyer Blog
Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”
In an odd drunk driving case out of Charlotte, a judge in Mecklenburg County recently accepted a plea deal for a driver only several hours after another judge rejected the identical deal.
The plea deal involved a sad case where a passenger was killed in the car driven by Bairon Sandoval. The accident took place last February and Sandoval was initially charged with felony death by vehicle, DWI and lacking a valid driver’s license. His criminal defense attorney was able to reach a deal with prosecutors who agreed to reduce the charge to involuntary manslaughter in exchange for Sandoval serving between 10 and 20 months behind bars.
Sandoval had admitted that he and several friends had spent the evening drinking in a bar prior to driving home with a friend, 20-year-old Tatiana Rivera. Rivera was killed and two other innocent victims were injured in the accident that occurred after Sandoval ran into a tree near the intersection of Tyvola and Old Pineville Roads. Police officers tested Sandoval’s blood and determined his BAC was 0.10 percent, slightly higher than the state’s 0.08 percent legal limit.
Given that the plea deal had been reached between the prosecutor and Sandoval’s attorney, all that remained was to have a judge sign off on the deal, something that is typically only seen as a formality. Such deals are commonplace and save both sides significant time and money, reducing the risks that are inherent in a criminal trial. Despite the deal already being in place, one judge initially disagreed with the plea arrangement, saying that he was not willing to sign off on such a light sentence given that Sandoval’s drunk driving had directly led to another person’s death.
The new tools, which are swab-testing kits, will be used primarily during DUI checkpoints and in jails to test those who have already been arrested. The department intends to pair the devices with breathalyzers and subject drivers at checkpoints to both a breath test and mouth swab to detect the presence of drugs. The test has been designed to screen for the presence of methamphetamine, cocaine, benzodiazepine, methadone and THC, a component of marijuana.
Keeping with the theme, it was announced this week that three men from Rowan County, NC pled guilty to a train robbery that occurred back in 2012 in Salisbury. The statement from the U.S. Attorney said that 25-year-old Altise Bridges, 20-year-old William Johnson, Jr., and 19-year-old Kenyad Kelly, all pled guilty to accessory after the fact to train robbery.
According to a police report, Vaughn arrived at the bank around 8:30 in the morning on Monday, but discovered the branch was not yet open. She then left the store and returned at around 5 p.m. Vaughn then approached a teller and asked him about getting a pack of starter checks. Vaughn then gave the teller her name and mentioned that she had an existing account with the bank. 
Authorities say that a total of $650 worth of bad checks were cashed at a Food Lion on Regent Parkway and another on Highway 160 East. Several more checks were cashed at a Food Lion in Pineville, NC. The checks were drawn against an account owned by Merritt who said that the checks were used to buy items of food at both stores and that suspects also made sure to ask for cash back with their purchases. 
Judge Ali Paksoy handed down the decision during a hearing at the Lincoln County Courthouse last Thursday. Judge Paksoy determined that there was no probable cause to justify the two counts of involuntary manslaughter facing Arwood and chose to dismiss both counts entirely. 
Officials with the Huntersville, NC police department say they first began investigating the case on November 21st when they were alerted to possible trouble by Charlotte-Mecklenburg Schools officials. Authorities say that an investigation later revealed that there had been inappropriate contact and text messaging between Allison and a student at the school during school hours. 
Police with CMPD say they were assisted by officers at UNCC. The checkpoint took place on Runnymede Lane near Michael Baker Place, close to Myers Park High School. According to a spokesperson, the checkpoint resulted in a total of 48 charges, 21 of which were for driving while intoxicated (DWI). Three of the charges concerned driving with a revoked license, eight were for driving without a license, two were for open container and 14 were for more minor traffic violations such as out of date tags. 
A spokesperson for ALE said that the raid was the result of a six-month investigation conducted by various law enforcement agencies after local authorities received complaints about a range of illegal activities taking place at The Ranch, a local nightclub. Agents who participated in the raid say they discovered employees who sold illegal drugs to patrons, others that engaged in prostitution and other sexual offenses and still others who broke state alcohol control laws.