NASCAR CEO CHARGED WITH DWI AND DRUG POSSESSION

Earlier this week, NASCAR CEO and Chairman Brian France was charged in New York with Driving While Impaired (DWI) and possession of a controlled substance.  According to the police report, France was stopped for failing to stop at stop sign.  The subsequent investigation determined that France was driving in an impaired condition, and a subsequent search resulted in the police discovering France in possession of oxycodone pills.  France’s DWI charge is actually charged as aggravated driving while impaired, and this charge only occurs in New York when an individual’s blood alcohol content is 0.18 or higher.

Both of these charges are pending in New York, but what would happen if France was charged with possession of oxycodone and DWI in North Carolina?  First of all, similar to North Carolina, both of France’s charges would be misdemeanor offenses based upon the facts and circumstances of his case.  In North Carolina, the possession of oxycodone becomes a felony offense when the possession involves more than 100 pills.  France was found in possession of five pills, therefore he would be charged in North Carolina with a class 1 misdemeanor, which carries a maximum punishment of 120 days in jail.  With respect to the  charge of DWI, France’s sentence and judgment would depend on a number of factors.  Most of the time, without some type of grossly aggravating factor, an individual’s first conviction for DWI will not result in an active jail sentence.  However, one of the consequences for a DWI conviction is a one-year suspension of the drivers license, but it is also possible to immediately petition the court for a limited driving privilege on the day of conviction as long as certain requirements are met under North Carolina law.  France, however, was charged with aggravated driving due to what appears to ban alcohol content of 0.18 or higher.  Therefore, under North Carolina law, France would not immediately qualify for a limited driving privilege.  In fact, under North Carolina law, whenever an individual is convicted of DWI with a blood alcohol content of 0.15 or higher, that individual is not allowed to obtain a limited privilege until 45 days after the DWI conviction.  In addition, a blood alcohol content of 0.15 or higher also requires that an interlock device be installed in the vehicle as one of the conditions of obtaining a limited driving privilege.

A Driving While Impaired (DWI) charge is a serious charge with significant penalties and consequences and a lot of issues that must be analyzed and considered.  The investigating officer must have reasonable suspicion to stop your vehicle as well as probable cause to arrest you.  Drug charges are also serious cases with lasting ramifications that can affect you for the rest of your life.  Therefore, if you are charged with Driving While Impaired or a misdemeanor drug charge in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced North Carolina DWI attorney and criminal attorney to handle your case.   An experienced Winston-Salem DWI attorney, with experience in North Carolina DWI law and criminal law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem lawyer to assist you.  Our office is located for your convenience in downtown Winston-Salem, North Carolina.

Woman Sentenced to Eight Years for Smuggling Cocaine on Cruise Ship

Melina Roberge was traveling around the world, and documenting her extravagant lifestyle by posting pictures on Instagram. Her Instagram followers, however, probably had no idea that she was funding this lifestyle by smuggling cocaine.

Roberge was sentenced to eight years in prison on Wednesday after pleading guilty to smuggling 95 kilos of cocaine into Australia.

So what would have been the result if Roberge had been charged in North Carolina?  There are a number of North Carolina criminal laws related to the possession of cocaine, possession with intent to sell and deliver cocaine, sell and/or deliver cocaine, and trafficking cocaine.  The type of charge that a defendant will face is based upon the amount of cocaine and the circumstances surrounding the arrest and investigation.

In Roberge’s case, based upon the amount of cocaine, she would have likely been charged with trafficking cocaine.  Under North Carolina criminal law, criminal charges involving the possession of cocaine are distinguished in the following manner:

A charge involving 28–199 grams of cocaine will be charged as as Class G felony.
A charge involving 200–399 grams of cocaine will be charged as a class F felony.
A charge involving 400 or more grams of cocaine will be charged as a class Class D felony.

North Carolina felony drug charges have serious penalties and consequences.  If you are charged with a North Carolina drug crime in Winston-Salem such as possession with intent to sell or deliver cocaine (PWISD cocaine) or trafficking in cocaine in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney in Winston-Salem.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

Former NBA Player Faces Drug Charges

Most people still don’t realize that the odor of marijuana provides probable cause for the police to search your car or your home. Consider the case of former NBA player, Glen Davis, who was recently arrested on drug charges.  The court records indicate that the reason the police were called was due to the fact that the hotel owner smelled marijuana. After entering Glen Davis’ room, the police found 126 grams of marijuana and $92,000 in cash.

Davis was charged in Maryland, but let’s consider these facts and circumstances under North Carolina law.  The amount of marijuana found in Davis’ room may seem like an extremely large amount until you do the math. It takes 448 grams to equal one pound of marijuana.  It takes an excess of 10 pounds of marijuana to be charged with trafficking marijuana.  Therefore, under North Carolina law, the drug charge that Davis would most likely face is possession with intent to sell and deliver marijuana (PWISD marijuana).  PWISD marijuana is a class I felony, which is the lowest class of felony under North Carolina law.  The maximum punishment is 24 months in prison, however a prison sentence for a class I felony is not mandatory which is quite different from trafficking marijuana.  A conviction in North Carolina for trafficking marijuana includes a mandatory active sentence depending on the amount of marijuana.

According to North Carolina General Statute 90-95(h), here are the following punishments for trafficking marijuana:

a.          Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum term of 25 months and a maximum term of 39 months in the State’s prison and shall be fined not less than five thousand dollars ($5,000);

b.         Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 51 months in the State’s prison and shall be fined not less than twenty-five thousand dollars ($25,000);

c.         Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars ($50,000);

d.         Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 222 months in the State’s prison and shall be fined not less than two hundred thousand dollars ($200,000).

Davis’ attorney has issued a statement saying that his clients both maintains his innocence and looks forward to clearing his name of these charges.

North Carolina felony drug charges have serious penalties and consequences.  If you are charged with a North Carolina drug crime such as possession with intent to sell or deliver marijuana (PWISD marijuana) or trafficking in marijuana in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney in Winston-Salem.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

Now That Marijuana is Legal in California, Thousands of Prior Convictions Will Be Dismissed

In 2016, California voters passed an initiative which made it legal to possess marijuana for recreational purposes.  That law paved the way for recreational maijuana sales in January 2018.  Last week, in response to that law, San Francisco District Attorney George Gascon announced that his office would be dismissing thousands of marijuana-related convictions dating back to 1975.  As a result, almost 5000 felony convictions and more than 3000 misdemeanor convictions will be reviewed as a result of this decision.

Although this news is great news for for some California residents, the possession of marijuana is still illegal in the State of North Carolina.  Some of the most common crimes related to the possession of marijuana in North Carolina are the following:

Possession of Marijuana less than 1/2 Ounce – Class 3 misdmeanor

Possession of Marijuana greater than 1/2 Ounce up to 1 1/2 Ounces – Class 1 misdemeanor

Felony Possession of Marijuana – Class I felony

Possession with Intent to Sell or Deliver Marijuana – Class I felony

Of course, these crimes don’t include trafficking marijuana, which involve the possession of larger amounts of marijuana and more serious consequences and penalties.  Under N.C.G.S. 90-95 (h)(1), “any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as ‘trafficking in marijuana’ and if the quantity of such substance involved:

     a.         Is in excess of 10 pounds, but less than 50 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum           term of 25 months and a maximum term of 39 months in the State’s prison and shall be fined not less than five thousand dollars ($5,000);

     b.         Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum           term of 35 months and a maximum term of 51 months in the State’s prison and shall be fined not less than twenty-five thousand dollars ($25,000);

      c.         Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a                        minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars                    ($50,000);

      d.         Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a        maximum term of 222 months in the State’s prison and shall be fined not less than two hundred thousand dollars ($200,000).”

North Carolina drug charges involving marijuana  can have varying penalties and consequences depending on the amount of marijuana as well as an individual’s prior record.  If you are charged with a North Carolina drug crime involving marijuana such as Felony Possession of Marijuana, PWISD Marijuana, Trafficking Marijuana or some misdemeanor marijuana charge in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal defense attorney  with experience handling drug charges.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney to review your drug case involving drug charges and to discuss your options.