DWI Tag Archives — Page 18 of 19 — Charlotte Criminal Lawyer Blog

Drunk Driver Arrested After Deadly Hit-And-Run

Published on: February 27, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?”

In a sad case out of Raleigh, one young man is behind bars after he hit and killed two others who were stopped on the side of I-40 last weekend. The accident occurred around 8 p.m. on I-40 in Raleigh and ended with 21-year-old Marshall Doran facing serious criminal charges.

According to police, the deadly evening began when a tractor-trailer driven by Cardell Gayfield hit a patch of snow and began to lose control. His truck eventually spun out and ended up off the side of the road near U.S. 70. Two other passing motorists stopped their cars to see if they could help Gayfield and right as they did Gayfield says he noticed an oncoming vehicle moving towards them at around 60 miles per hour. The next thing Gayfield noticed was an interstate sign shaking as if it had been hit by a car and looked down to discover that both men had been hit.

Police say they don’t yet know where the two good Samaritans were standing when Doran’s 2001 Volvo struck them, but they are working with crash scene investigators to reconstruct what happened that night. They do know that after the deadly accident, Doran fled, leaving both men’s bodies on the side of the road.

Police say that they used cop cars and a helicopter to search the area for Doran’s Volvo and eventually found Doran hiding in the woods about 10 miles away from the accident scene. Doran eventually walked out of the woods, where police then arrested him. Authorities say that Doran was initially charged with second-degree murder, but that his charges have since been reduced to felony death by motor vehicle.

Supreme Court Sides With Prosecutors In Asset Seizure Case

Published on: February 25, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is an expungement?”

The U.S. Supreme Court issued an important decision earlier this week regarding the government’s ability to place a freeze on a criminal defendant’s assets prior to trial. The Supreme Court found that prosecutors are allowed to freeze assets without first seeking approval from a judge.

In a 6-3 decision, Justice Elena Kagan said that Johnson & Johnson sales rep Kerri Kaley and her husband were not entitled to a pretrial hearing before their assets could be frozen. Kagan wrote that the results of the grand jury indictment showed that there was probable cause to believe the couple had committed a crime, which served as the basis to freeze their assets. Kagan found that the defendants had no right to relitigate the matter in a pretrial hearing.

The Kaleys were indicted back in 2007 on charges related to stolen prescription medical devices. The two were accused of stealing used devices from hospitals that they had relationships with and then reselling them on the black market. The couple anticipated criminal charges and took out a $500,000 home-equity loan to help fund their defense. However, after the indictment was issued the couple’s assets were frozen. Prosecutors claimed that the assets were linked to the illegal scheme, which was why they could not then be turned around and used to benefit the suspected thieves.

Dozens Of UNC Charlotte Students Cited For Underage Drinking

Published on: February 20, 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?”

Drinking and college often go hand in hand. Drinking and frat parties? Even more so. However, trouble can arise when the people doing the drinking at the frat parties are not of legal age to freely imbibe.

This past weekend, dozens of students from UNC Charlotte learned the hard way that authorities take the issue of underage drinking quite seriously. That’s because officers with the university police force and the North Carolina Alcohol Law Enforcement office responded to complaints about a wild party going on at the Chi Phi frat house on E. Mallard Creek Church Road.

The police got reports that the Saturday night bash had underage students consuming large amounts of alcohol, with some compounding their legal troubles by then driving home. News reports indicate that 75 people were cited at the party, many for underage drinking and others for DUI. Several other students were arrested and charged with misdemeanor possession and aiding and abetting possession of alcohol.

One of those arrested was the 19-year-old president of Chi Phi who now faces the embarrassing reality of tackling criminal charges after what was supposed to be a fun weekend party. University officials say this is not the first time Chi Phi has been disciplined for similar conduct and, as a result, it has now been placed on interim suspension. The group has been chastised for violating not only university policies and their own national rules, but also state law by allowing underage students to consume alcohol.

North Carolina Criminal Cases Tackle Sobriety Checkpoints

Published on: February 18, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”

Several important recent criminal court decisions are poised to impact how law enforcement agencies across North Carolina handle drunk driving checkpoints in the future. Experts say that the cases are clarifying exactly what is required of police officers to operate a valid checkpoint.

Sobriety checkpoints in North Carolina are becoming a far more common sight for drivers out in the evening or late at night. In addition to official checkpoints where officers stop all drivers passing through the area, some police departments are engaging in what are known as saturation patrols, which target areas popular for drinking with extra police officers. Both strategies are among those embraced by law enforcement agencies across the state and are aimed at cracking down on incidents of impaired driving.

Earlier this month, the North Carolina Court of Appeals issued a ruling regarding a sobriety checkpoint out of Anson County. In that case, a driver was arrested and charged with a DWI after officers conducted a breath test. However, the Court of Appeals held that the evidence obtained during the sobriety checkpoint was inadmissible during trial because the law enforcement agency conducting the sobriety checkpoint never bothered to write down official guidelines for how the checkpoint would be conducted. The case amounted to a surprising victory for the defendant and a rebuke of the local sheriff’s office.

Cold Weather Has Surprising Impact On Charlotte Crime Rates

Published on: February 13, 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?”

It might come as a surprise to most people that something like the weather could have a noticeable impact on crime rates. Tracking weather trends and crime is something that experts have been doing for years, with many noting how long, hot summer nights often lead to spikes in criminal behavior. Interestingly, cold weather appears to also impact crime, though in a curious way.

Charlotte-Mecklenburg police officers say that the recent frigid temperatures in the city have driven down the rates of some kinds of crime while other varieties have increased. A police department spokesperson said that violent crime rates were down dramatically, a trend they have noticed in the past.

Examples of these kinds of crimes include things like armed robberies, shootings and stabbings. All these categories showed marked declines in the past week or so as the weather became colder and colder. While violent crime rates were way down, other categories showed a worrying uptick.

Insurance Fraud Lands Three North Carolina Friends Behind Bars

Published on: February 11, 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?”

The North Carolina Insurance Commissioner made an announcement late last month that three people in Union County, NC had been arrested after authorities say they staged car accidents to collect money from insurance companies. The three friends have now been charged with insurance fraud.

The announcement revealed that Shane Glenn, Christina Stegall and Wesley Scarbrough were now facing charges related to their insurance scam. Police say that Scarbrough was driving a rented U-Haul that was used to rear-end a vehicle driven by Glenn and Stegall. The two then filed a claim with RepWest Insurance to collect payment for the damages they suffered.

Police say the U-Haul was only ever rented to carry out the insurance scam. Stegall and Glenn both lied to insurance claims adjusters about their knowledge of the accident, saying they did not know the driver of the U-Haul. Police say the three had been friends for a long time and that the entire incident was carefully orchestrated.

Charlotte Tween Steals Car And Crashes Into School Bus

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

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”

Adolescence can be a tough time for parents and children alike. Arguments, defiance and a lack of communication are common hallmarks of that period. While some minor rebellion is typical, stealing a car and then crashing into a school bus is not. However, that’s exactly what a young girl from Charlotte did and she is now facing possible criminal charges after engaging in her joy ride.

According to a spokesman with the Charlotte-Mecklenburg Police Department, the incident began on a weeknight late last month in west Charlotte. Authorities say that a 12-year-old living near Mathis Drive and Parkway Avenue told her mother that she wanted to drive her car. Understandably, the mother told the girl no, believing the matter had been resolved.

However, a short time later she realized that her daughter had gone missing and looked out the window to see that her car was gone too. A short time later a neighbor watched as the girl collided with a school bus, hit a second vehicle and then fled the scene. Police eventually tracked down the girl’s silver car to a nearby parking lot.

Robbers Beware: Cops Tracking Crooks Through Snow Tracks

Published on: February 4, 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?”

We hear a lot these days about some sophisticated tools and tricks used by law enforcement agencies around the country to help nab criminals. Police departments are investing in things like license plate scanners, DNA cheek swabs and even drones to help track down suspects. This past week, the Associated Press reported that several North Carolina police departments relied on something more old fashioned to solve some local robberies: foot prints in the snow.

The article noted how police in Fayetteville, Gastonia and even here in Charlotte claim to have solved several burglaries this past week thanks to fresh tracks in the snow. In Charlotte, authorities say that some snow prints led them to two men they believed were responsible for several recent convenience store robberies. Police who responded to a 911 call from the manager of one of the stores noticed prints in the snow outside the building and followed them, eventually stumbling across the two men thought to be behind the robbery.

In the Charlotte case, each of the men has now been charged with seven counts of kidnapping, six counts of armed robbery, conspiracy and larceny of an automobile. The kidnapping charges were because there were customers inside of the store at the time of the robbery and all were made to lie down on the ground while money was stolen.

North Carolina Man Faces Nearly Two Years In Prison After Drunken Moped Driving

Published on: January 30, 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?”

Police from Catawba County, North Carolina arrested a man for drunk driving on a moped nearly two years ago. Aaron Barkley, 34, has since been sentenced as a habitual offender, meaning the drunken moped operator will now face serious jail time.

The District Attorney’s Office in Catawba says that Barkley was arrested back in May of 2012 after police say he scooted right through a driver’s license checkpoint. When police took off after him and pulled him over, the officers administered a Breathalyzer test and found that his BAC was 0.11 percent, well in excess of the state’s legal limit.

Because Barkley has been convicted of drunk driving three times in the past, he faced heightened punishment this time around. Just this past week a judge sentenced Barkley to 23 months behind bars.

Though it may come as a surprise, if Barkley had been driving in South Carolina at the time he would not have faced drunk driving charges. That’s because in South Carolina, mopeds are not listed as “motor vehicles” and thus cannot serve as the basis for a DUI charge. Instead, a drunken moped driver could only be cited for something like disorderly conduct.

Charlotte Officer Indicted By Grand Jury On Second Try

Published on: January 28, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

A grand jury in Charlotte chose to indict a local cop on voluntary manslaughter charges for shooting and killing an unarmed man last September who had just been involved in a late night car accident.

It was revealed earlier today that Officer Randall Kerrick, 28, would now face formal criminal charges in connection with the fatal encounter that occurred late on September 14, 2013. The announcement was made after a different grand jury declined to indict Kerrick just last week on the same voluntary manslaughter charge. Kerrick’s attorney tried to block the second grand jury, asking a judge to deny the second hearing, arguing that giving prosecutors a second chance to pursue an indictment violated Kerrick’s rights. However, the judge allowed the second grand jury hearing to proceed.

Kerrick was a former animal control officer who had been on the Charlotte-Mecklenburg police force for a little over three years. The grand jury heard evidence of how Kerrick fired 12 shots at Jonathan Ferrell, a 24-year-old former Florida A&M football player. Ferrell had been involved in a car accident earlier that evening and stumbled for a half-mile down the road before knocking on a woman’s front door. The young woman was home alone with her newborn child and was afraid Ferrell was there to break in.

Police officers, including Kerrick, arrived shortly after the woman called 911 and appeared to do so with their guns already drawn. Some have claimed that Kerrick and the other officers snuck up on Ferrell and failed to identify themselves as police officers. Ferrell was ultimately shot 10 times and died at the scene.