What is a Reasonable Place to Position a DWI Checkpoint?

One of the worst feelings for a driver, who has been drinking, is coming upon a police DWI checkpoint.  Many drivers are confused as to what to do in such a circumstance, and it is imperative that they understand their rights.  As the summer months approach, police will be conducting more and more of these checkpoints throughout Mecklenburg County.

Now, the operative question is where do these checkpoints occur?  In the case, State v. Rose, the North Carolina Supreme Court determined whether a checkpoint is legal or constitutional.  The North Carolina Supreme Court must meet the following factors:

1. Must have a primary purpose; and 
2. Must be reasonable in the way it is conducted or carried out.

The court further stated that any type of driving violation can be considered a primary purpose, meeting the first factor.  Violations such as expired registration or inspection, not having a driver’s license, or driving while impaired.  Therefore, for almost any reason, the police can conduct a checkpoint; however, the circumstances must be reasonable.  The reasonableness standard is where checkpoint location is determined.

In Mecklenburg County, home of Charlotte, these checkpoints are usually conducted on Friday or Saturday nights, typically late at night and stop usually after bars and restaurants have closed.  Additionally, these checkpoints are also positioned where a large number of drunk driving accidents occur, and on major thoroughfares.  Recent locations have been on Park Road, near Tyvola, or near the Dilworth area  There are also many clusters in Montford, Plaza Midwood, NoDa, and the University area.

The best way to avoid checkpoints is not to drive; however, if you have not had anything alcoholic to drink, the checkpoint is simply an inconvenience.  But, if you have had something alcoholic to drink, you will likely be charged, so taking a taxi is the best option.  If you have been charged with a DWI at a local checkpoint, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation.  You can reach our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.

Florida Man Charged with DWI After Smashing Through Utility Pole

The Charlotte-Mecklenburg Police Department has reported that a Florida man smashed into a utility pole on the intersection of South Boulevard and Hebron Street at around 2:30 on Friday morning.  Thereafter, he was taken to the hospital and charged with DWI and reckless driving.

After the accident occurred, power was shut off completely for many nearby homes and businesses.  Further, people were not able to purchase tickets for the Charlotte Light-rail due to the power outage.  The busy stretch was closed to drivers of both directions on South Boulevard due to the officer’s misconduct.

Witnesses have reported that people were late for work, school buses were running late, and businesses were unable to bring customers through the doors.  Neighbors were extremely inconvenienced by this accident, and witnesses report that they had to get ready for work in the dark, and some could not take warm showers.

The fact that this DWI caused property damage will serve to aggravate the sentence this man may be charged with, and may result in some pretty hefty fines.  If you or a loved one has been charged with DWI, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation.  You can reach us at our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.

Boating Regulations in North Carolina

As summer rapidly approaches, many local residents have decided to take to the various lakes in the region, such as Lake Norman, for an enjoyable day of water skiing, fishing, or just plain swimming.  However, while it is great fun to enjoy the water on a hot summer day, it is imperative that proper safety measures are taken.  Nothing can ruin a perfect summer day like a safety violation, or even worse, a boating accident.

A non-exhaustive list of boating regulations in the State of North Carolina are as follows:

Personal Flotation Devices:

All recreational vessels must have one Type I, II or III PFD of a suitable size for each person aboard and each skier being towed. In addition, recreational vessels 16 feet and over must also have one throwable Type IV PFD.

Required PFDs must be readily accessible.

Speed Limits and Reckless Operation:

Although local conditions may warrant the imposition of definite limitations on speed of vessels, a general speed limit is that which is implied in safe vessel operation under existing circumstances. Speed which is excessive under the circumstances, and which endangers persons or property, is one form of reckless operation which is prohibited by North Carolina boating law.

Watercraft entering, leaving or passing within 50 yards of a state-owned or controlled boating and fishing access area must do so at “no-wake” speed.

No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger life, limb or property of any person.

Navigation Rules:

The State of North Carolina adopts and enforces all Federally mandated boating safety laws.

Every vessel operating in the State of North Carolina shall carry and use safety equipment in accordance with U. S. Coast Guard requirements as specified in the Code of Federal Regulations. Additionally, every vessel shall display the lights and shapes required by the navigation rules.

Diving and Snorkeling:

All divers, in waters open to boating, shall display a divers flag (red with white diagonal stripe) in the area in which the diving occurs. They may not display the flag when not engaged in diving or at any location where it will unreasonably obstruct navigation.

Boaters should stay at least 50 feet away from a diver-down flag.

Water Skiing:

No person shall tow a person on water skis, surfboards or similar device:

• In a reckless and dangerous manner
• While under the influence of an impairing substance
• Where the direction or location of the device may be manipulated or controlled from the boat so as to cause the person being towed to collide with any object or person

Water Skiing is prohibited between one hour after sunset and one hour before sunrise.

The vessel towing the skier shall be equipped with a rear vision mirror or carry an observer (not the boat operator), or the person being towed is wearing a PFD..

Accident Reporting:

Any accident involving death, disappearance or personal injury beyond first aid, or damage greater than $500 must be reported. Death, disappearance and injury cases must be reported within 48 hours. Other accidents must be reported within 10 days. Accidents should be reported to the Wildlife Resources Commission on a form provided by them.

Boating While Intoxicated:

No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while under the influence of an impairing substance, nor operate any motor vessel after consuming alcohol sufficient to cause a blood alcohol concentration of 0.08 or greater.

Registration/Documentation:

All vessels operated on the waters of North Carolina must be numbered except:

• Vessels documented by the United States Bureau of Customs or any federal agency successor thereto
• Foreign vessels using North Carolina waters temporarily
• Vessels owned by the United States Government or by a state, county or municipality
• Vessels used exclusively as life boats
• Sailboats not over 14 ft. in length at the load waterline
• Vessels with no means of propulsion other than drifting or manual paddling, poling or rowing
• Vessels with a current number from another state or country temporarily using North Carolina waters. (Less than 90 consecutive days.)

The Certificate of Vessel Number must be onboard when the vessel is in use.

The vessel’s number must be painted or permanently affixed on the forward half of each side of the vessel.

If you or a loved one has been charged with a BWI, or one of these various safety regulations, contact the law offices of Reeves, Aiken & Hightower, LLP with questions.  You can reach us at our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.