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Can You Be Arrested For Drunk Driving In North Carolina Without Actually Driving A Car?

Published on: May 8, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

Though it may sound crazy, it is actually possible for people to be arrested and charged with drunk driving in North Carolina without being found driving a vehicle. How could that happen? Keep reading to find out more about what North Carolina law says about drunk driving.

What does the law require?

The law in North Carolina clearly says that for a person to be convicted of impaired driving, he or she must be found to operate a vehicle while under the influence of an impairing substance. Though this may seem clear cut, the statutes further specify this broad statement and explain that a person can be found to have “operated” a car if he or she is in actual physical control of that vehicle.

Actual physical control

Actual physical control has been defined by many courts as when a driver has the keys to the vehicle either in the ignition or near the ignition and has the ability to operate the car on short notice. Though the person may not actually be driving, it would not take much effort to put the car into motion, thus endangering others.

Ambien Zombies Face Serious Legal Obstacles When Defending Criminal Cases :: Charlotte DWI Criminal Lawyer

Published on: May 6, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

Many people have heard of the sleep drug Ambien (also known as zolpidem) and may also have heard stories about bizarre behavior linked to taking the prescription medication. Though these stories are usually just oddities, like sleep walking or talking, there have been other reports of more dangerous actions that can lead to serious harm to others.

In some cases those under the influence of zolpidem have been found driving, walking down the street and even preparing food while seemingly asleep. Even more worrying are several reports of otherwise happy people with no previous history of violence brutally murdering loved ones after taking Ambien. These “Ambien zombies” claim to have no memory of their actions and are shocked when they awaken to find out what they have done.

An interesting article by a medical research website discussed several cases of murders committed while defendants were under the influence of Ambien and revealed how difficult it can be to explain how the drug can impact a person’s brain to both judges and juries.

Amazingly, one of the three murder cases discussed in the article took place in North Carolina when a heavily armed man stormed into the nursing home where his estranged wife worked and shot eight people to death. The terrible incident occurred back in 2009 and the defendant later claimed that he was under the influence of Ambien at the time.

North Carolina Man Arrested For Choking His Mother’s Chihuahua

Published on: May 1, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”

Police in Lincolnton, North Carolina say they have arrested an 18-year-old and charged him with one count of cruelty to animals after they say he choked a Chihuahua. Jason Hildebran was arrested earlier this week and released on $1,000 secured bond.

According to the Lincoln County Sheriff’s Office, Hildebran was angry because his mother’s Chihuahua was barking at him. Rather than leave the room or try and calm down, Hildebran instead chose to choke the little dog to get it to stop.

Hildebran’s mother was obviously concerned and demanded Hildebran hand over the dog, however, her son refused, which resulted in a call to police. When officers arrived Hildebran was still holding the dog who was thankfully not hurt. The teen was handcuffed and arrested and the dog was returned to its concerned mother.

Now Hildebran faces serious criminal charges all because he lost his temper with the animal. North Carolina General Statutes Section 14-360 says that anyone who injures, torments, tortures or cruelly beats an animal can be punished with either Class 1 misdemeanor or Class H felony charges. So what’s the difference?

North Carolina Teen Jailed After Serving Collard Greens With A Dash Of Insecticide

Published on: April 29, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”

Police in Fayetteville, NC say that one family dealt with an especially unpleasant Easter surprise, a surprise that resulted in criminal charges for one 17-year-old. Authorities say that rather than enjoy a nice family Easter gathering, a teen, Tyt’ana Lisa-Nicole Johnson poisoned her grandmother’s food.

The incredibly sad incident began early Easter Sunday when 51-year-old Gaylon Moody was at church. Her teenage granddaughter did not want to attend services that day and remained at home. When the family and friends had returned to enjoy a big Easter lunch, they soon discovered that Johnson had added something extra to the collard greens.

Investigators say that Moody and a friend began feeling strange soon after ingesting the tainted collard greens. Moody and her friend say they felt numb and mistakenly assumed it was food poisoning. At first the numbness was isolated but it began to spread across their bodies. Eventually, every other food or beverage they consumed tasted differently and the two victims were unable to feel their faces. Both were taken to the nearby Cape Fear Valley Medical Center for treatment where doctors similarly misinterpreted the symptoms as a stomach virus.

North Carolina Man Charged For Deadly DUI

Published on: April 24, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What should I do if I have been pulled over and I have been drinking?”

A man from Gaston County, NC was arrested this week and now stands accused of drunk driving in an accident that took place earlier this year and left a man dead. Anthony Lamar Ogden, 59, was arrested and charged with felony DUI in which death results. He’s now being held without bond in a York County Detention Center.

According to authorities, Ogden was one of three drivers involved in a three-vehicle pileup, which happened back in January. The crash occurred on U.S. 21 just about a mile south of Fort Mill. The crash began a little before 7 p.m. when cars driven by Sherrell Wright and Alva Terrell had come to a stop on U.S. 21. Shortly thereafter, Ogden crashed into the back of Terrell’s Chevrolet, which was then pushed into the back of Wright’s Nissan.

Police say that while all three drivers were thankfully wearing seat belts at the time of the crash, the severity of the accident was so great that serious harm resulted nonetheless. All three drivers were taken to area hospitals for treatment of their injuries, though Terrell, who absorbed the brunt of the impact of the crash, suffered the most serious injuries. Terrell died three days after the accident at Carolinas Medical Center in Charlotte.

According to family members, Terrell was on his way home from a shift at Walmart where he worked as a cashier. The 74-year-old man was taking blood thinners, which contributed to his death because emergency medical responders and doctors struggled to control his bleeding.

Cockfighting Match Leads To Dozens Of Arrests

Published on: April 22, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”

Law enforcement officials in South Carolina announced a major raid on a huge cockfighting ring in McBee, SC this past weekend. The cockfight attracted dozens of people to the rural town, with large numbers coming in from neighboring states like North Carolina.

Police say that nearly 50 people have been charged in connection to the cockfight, which took place this past Saturday evening. When officers raided the fight, they found more than 100 chickens trapped in two enclosures. The enclosures were makeshift fighting rings where the birds were placed in large groups and forced to fight to the death. Officers say that by the time they arrived more than 10 chickens were already dead. The survivors will be treated for their injuries and placed up for adoption.

Officers say they heard about the fight after receiving an anonymous tip from someone who was expected to attend. Deputies from Chesterfield County were then dispatched to confirm the existence of the gathering and arrest those that were participating in the illegal sport. Officials say that additional charges will soon be leveled against the man they suspect is the ringleader of the cockfighting operation, leading to a possible lengthy prison term.

Though many people may realize that animal cruelty is illegal in both North and South Carolina, some might be surprised at how specific the rules actually are. The more general rules concerning cruelty to animals states that anyone who intentionally wounds, injures, torments or kills an animal shall be guilty of a Class I misdemeanor. If the actions are found to be malicious, then the crime will be escalated to a Class H felony.

Bathroom Bandits Strike Charlotte Bojangles

Published on: April 17, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “The person that called the police doesn’t want to press charges.”

Charlotte-Mecklenburg Police officers say that in all their years investigating area crimes they have never encountered a bathroom holdup. This week marks a first for the department as it was revealed an older man was robbed at gunpoint in the bathroom of a Charlotte area Bojangles this past week.

The crime took place Sunday evening, a little after 7:30 p.m., at the Bojangles in The Plaza. Police say that as an older man was preparing to order his dinner, two young men in hoodies stepped into the restaurant and were first spotted on a store security camera. While the older gentleman’s food was being prepared, he excused himself to the restroom. What happened next surprised not only him, but police as well.

According to reports, as soon as the man entered the bathroom with his back to the door, the two young men in hoodies followed closely behind. They then stuck a gun to the man’s back and threatened to kill him if he resisted. The criminals then ordered the man to empty his pockets. Within a minute they had secured the man’s wallet, cash and cellphone and were just as quickly out of the restaurant and away in a nearby car.

Police say that the encounter shocked the victim who says he never saw it coming. After he was robbed he went to tell restaurant employees who were similarly stunned and say that they had no idea a robbery was taking place only a few feet away from the cash registers.

North Carolina Woman Charged With Reckless Driving After Ending Up In A Creek

Published on: April 15, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “I was found not guilty of a charge, but my record still shows the charge.”

North Carolina State Highway Patrol officers have charged a woman after her car ended up in a ditch in Onslow County earlier this week. In that case, 23-year-old Brittany Veitch was charged with reckless and careless driving after her vehicle slid off the road and wound up in a creek.

Law enforcement officials say that the woman was arguing with a passenger before the accident happened. As a result of distraction, Veitch then drifted out of her lane and eventually ended up in the ditch. At the time of the accident, Veitch was transporting her 9-month-old son. Thankfully, reports indicate the boy was safely strapped in his car seat and was unharmed as a result of the accident.

Some people might be surprised that charges were filed despite the relatively minor consequences of the accident. The reality is that in North Carolina the law allows police officers the latitude to bring charges against those drivers who were distracted, careless or reckless while operating their vehicle. The law exists to punish those whose inattention could lead to possibly devastating injuries to themselves or others.

Beyond obvious examples of distracted driving like texting or talking on the phone, the reality is that even heated arguments with passengers can create the kind of danger that leads to accidents. As this case illustrates, doing anything that pulls your attention away from the road can be enough to lead to a momentary mistake. Eating, fiddling with the radio, yelling at kids in the back seat or looking for directions, are all low-tech examples of distracting activities that can not only cause harm but also serve as the basis for a motor vehicle offense.

Television Theft Takes Years To Uncover

Published on: April 10, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “The person that called the police doesn’t want to press charges.”

Usually, you’d expect that if someone had $500,000 worth of electronics stolen from them they’d notice pretty quickly, right? However, recent reports issued by the Democratic National Convention Committee and LG Electronics appear to prove that it might take years before a theft of that size could be uncovered.

According to a recent article, it took the DNC more than six months and LG nearly two years to come to grips with the vast array of electronics that went missing following last fall’s convention in Charlotte. The DNC revealed that an estimated $496,000 worth of equipment disappeared after the 2012 convention.

Included among the missing items were a number of Apple laptops, iPads, printers, BlackBerrys and, most notably, television sets. According to the DNC, the group purchased 600 BlackBerrys prior to the convention. Of those, 282 were eventually returned while a whopping 217 failed to turn up.

Beyond the smaller items such as smartphones or iPads that might have accidentally disappeared, LG Electronics, supplier of the television sets used during the event, say that 72 big screen television sets vanished at the end of the convention. The company says that while it noticed the sets had gone missing sometime last year, it assumed that they had only been misplaced. Now, after going through records the company is convinced that the sets were stolen and have asked CMPD to investigate. The televisions ranged in price from $350 to $1,800 and are worth a total of around $75,000.

North Carolina Man Arrested After Drunk Driving Stop Turns Violent

Published on: April 8, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

One drunk driver from Lincoln County, North Carolina is facing some serious criminal charges this week after police say he dragged an officer nearly 40 feet and later spit blood in the man’s face.

According to authorities, the encounter began at around 11:30 p.m. last Wednesday when 20-year-old Jake Nelson was spotted running a red light on Highway 16. An officer saw Nelson and tried pulling him over. However, rather than comply, Nelson chose to run, a decision that could now cost him dearly.

After speeding away from the officer, Nelson is said to have driven off down several smaller side roads, nearly losing control of his vehicle at one point. Finally, Nelson ran out of room to drive after making a wrong turn down a dead end street. The arresting officer approached Nelson’s car, but the young man initially refused to roll down the window. After a while, Nelson agreed to crack the window, at which point the officer says he clearly smelled alcohol.

Backup soon arrived to help the first officer arrest Nelson who still refused to get out of the vehicle. The first officer then stuck his arm through the cracked window to try and unlock the door when Nelson rolled the window up and put the car into drive. The vehicle then slowly rolled for more than 40 feet, dragging the officer the entire way.

Police say they were only able to subdue Nelson after the officer whose hand was caught in the door finally got ahold of his Taser and used it on the young man. In the subsequent tussle, police say nelson spit blood on the officer.