So, today's blog is going to be more of a vent fest then informative due to my frustration over a recent article on WRAL News. The article in question, which can be found here, is suppose to be an investigatory piece on people who are operating a vehicle under a Limited Driving Privilege who may or may not be adhering to the restrictions placed on these Privileges.
Now, as a Wake County DUI Attorney, I have drafted hundreds of these privileges and explained them to my clients so that they understand the restrictions they must adhere to. Where a problem may arise is the section which permits driving from 6:00 am until 8:00 pm for 'work, school, or household needs.' This is a a bit of a subjective concept as what constitutes 'household needs' can differ. In all honesty, I do not believe that most police officers expect these drivers to not drive for anything but work, school and maintaining a house. Even if they did, could getting gas for your car constitute maintaining a house? What about going to the post office? Restaurant? etc. I would like to believe that so long as they aren't driving after hours or on the weekend when they aren't suppose to, that the police would give them a break. That being said, I'm certain there are some police officers out there that would cite someone for going out, during the week, within the hours, for some reason that the officer does not believe qualifies under the Privilege. So, it comes as no surprise to me that the WRAL article found that of the 216 people charged with violating the privilege last year, 142 of those cases were dismissed. I would assume that in those instances a DA looked at the facts and decided that it didn't rise to the level of criminal and/or that a trial would be a waste of taxpayer money trying to prove that the Driver wasn't operating within the Privilege.
Now, that being said, those that are caught driving after hours, or weekends for reasons other then permitted is a different story. Driving is only permitted during those days and times by written approval of the Judge for work or school needs, community service or to attend their Substance Abuse Assessment treatment as was court ordered. I tell my clients that they better being coming to or from these locations otherwise they may get cited.
Anyways, back to the venting, what I first found frustrating was the way this article portrayed these individuals as flaunting their DWI judgment. A DWI conviction is a serious matter from a serious mistake. I will never make light of the act of Driving While Impaired, but North Carolina is already one of the more strict states when it comes to sentencing a DWI and they continue to push to make it harder. The sentence a driver receives, even on a low BAC, first time offense is extremely serious and can be the same as someone with priors and a high BAC depending on circumstances. Among the many things that comes with a conviction is a one year suspension of driving privileges. In this day and age, the idea of not being able to drive for a year is a hard pill to swallow. Fortunately North Carolina allows drivers to receive a Limited Driving Privilege under very specific circumstances, most important of which is to not have any alcohol in their system while operating a vehicle. By limiting when these individuals can drive, the punishment continues without completely upending their lives completely. The fact that these drivers are attempting to continue their lives, after being convicted of a DWI, within the presumed guidelines set out on the Privileges is not something that should be portrayed as snubbing their nose at their judgment.
However, my biggest issue with this piece was the fact that the reporter reached out to Mothers Against Drunk Driving for a quote. In this quote, it was suggested by M.A.D.D. that, in order to try and prevent these types of 'violations' Drivers should have an 'ignition device' installed on their vehicle which controls when the vehicle can be driven. Unfortunately, the only 'ignition device' this Raleigh DUI Defense Lawyer is aware of is an 'Interlock Device'. The Interlock Device prohibits a driver from starting and/or operating their car should they have any alcohol on their breath. Here's the problem, no where in the WRAL article was it alleged that these various examples they provided of individuals driving on their privilege where after having consumed alcohol. No where did it say these investigative reporters saw an individual come out of a bar after having a drink then drive on their Privilege. How in the world would installing an Interlock Device help prevent people from driving, STONE SOBER, outside the prescribed limits of their Privilege.
No, what was suggested was to further punish those that are convicted of a DWI, utilizing a method that in no way addresses the issue at hand. The reality is, if a Driver is convicted of a DWI in North Carolina, and it's proven they had a BAC of .15 or above, they'll have to get the Interlock Device regardless. So, how does requiring a person who blew a .08 (or .07 or .06 - read this for further info) but was otherwise driving safely and did not demonstrate substantial impairment benefit from a device that won't let them drive after having taken cough medicine?
If you are facing a DWI in Wake County, please contact the Matheson Law Office for your free consultation at 919-335-5291. We are happy to go over your case with you and discuss what options you have available.
