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Winston-Salem NC Criminal Defense Law Blog

Suspended NASCAR driver faces more legal woes

When it rains, it pours when it comes to the unfortunate circumstances for former NASCAR driver Jeremy Mayfield. He has recently been charged with three counts of possessing property stolen from businesses and a fourth charge of obtaining property by false pretense.

According to the indictment, Mayfield was in possession of stolen goods from three companies including a sofa, love seat and other furniture when officers raided his home last November. At the time of the raid, Mayfield was also charged with possessing 1.5 grams of methamphetamine and $100,000 worth of items taken from other businesses.

NFL player faces DUI charge

What kind of people do you think get DUIs? Irresponsible people? Those who have alcohol problems? People who are selfish and do not think of others?

Certainly, people like that get DUIs, but so do people from every walk of life. That includes teachers, police officers, celebrities and, as a recent case involving San Francisco 49ers linebacker Aldon Smith shows, professional athletes. His case should provide readers in Winston -Salem with proof that DUIs aren't restricted to one type of person.

Three students charged with cocaine possession

Three University of North Carolina students were arrested over the weekend and charged with cocaine possession and trespassing according to police. One of the students is the youngest son of the Jacksonville Jaguars' new head coach, Mike Mularkey.

According to the police report, the three students were found hanging out on top of a parking deck around 1 a.m. February 3. When police approached, the trio appeared to be using cocaine and police found drug paraphernalia and a bag containing cocaine residue with the students.

North Carolina city councilman challenges DWI

Being charged with a DWI in North Carolina can result in serious consequences. That is why many people choose to fight the charges in effort to achieve the best possible outcome. There are many potential defenses in a DWI case, including insufficient evidence and an unlawful traffic stop.

Recently, an Apex Town City Council member announced that he is challenging his DWI charge with a more unique defense. The councilman alleges that his acid reflux problem altered the breath test he took after being pulled over on Feb. 13 of last year.

NFL player faces drug charge

With the Super Bowl approaching, many of us are getting things together to host a viewing party to watch the game. But, for Cincinnati Bengals wide receiver, Jerome Simpson, he may be wishing he would have made a better choice than having a suspected drug shipment sent to his home. He is now facing a drug charge for trafficking marijuana in excess of eight ounces. This is a felony charge and he could face one to five years in prison.

Investigators tracked the shipment September 19, 2011, on a tip from a narcotics unit that a suspicious package, originating from Eureka, California, could be a possible drug shipment. This information was passed onto Kentucky authorities who tracked the delivery to Simpson's residence. Simpson maintains his innocence and has pleaded not guilty to the charges.

Another DWI tossed after officer illegally takes man's blood

We entrust local, state and federal authorities to protect us, and we believe that they will show good moral character and uphold the rights of any citizen. Even if someone has been accused of committing a crime, the accused have certain rights that police officer's cannot infringe upon.

One of these rights is protection from illegal search and seizure. In an unusual case, a 43-year-old Winston-Salem man had his blood drawn against his will by his arresting officer to check his blood alcohol content. The 43-year-old was charged with a DWI in 2010 and after refusing to take a blood test, he was held down in a hospital bed by police officers and security guards while a nurse came in to draw the blood.

Drug possession charge might lead to student's suspension

A North Carolina State student faces criminal charges after he was arrested for possession of psilocybin mushrooms, a substance that is considered a felony based on North Carolina law. The charge is also a Schedule I offense according to the school drug policy. Schedule I offenses carry a suspension of enrollment for a period of at least one semester (or its equivalent) as punishment.

Few details were released about the arrest, but the drugs were found in a dish at the student's home. The first thing to consider about this arrest is the manner in which the police recovered drugs from the student's home. We are all protected by the U.S. Constitution from an unreasonable search and seizure. Should this have been the circumstance at the student's home, the criminal charges against him could be dismissed.

Officer's "hunch" leads to appeals court overturning DWI charge

A man arrested for drunk driving on a November night in 2009 has had his criminal conviction overturned by the North Carolina Court of Appeals due to a lack of probable cause by the arresting officer.

Prior to the drunk driving arrest, there had been a robbery in Edneyville. Four hours after the robbery was reported, a police officer patrolling the area near the crime scene noticed a car "accelerate rapidly" before following the car and calling for back up. When the officer did pull the vehicle over he could smell alcohol on the man, and a pair of breathalyzer tests confirmed the driver was driving while intoxicating.

North Carolina police chase ends in a fence

Nothing is worse than glimpsing into your rearview mirror to discover that an officer has initiated the police siren and the patrol car is after you. Nobody wants a speeding ticket; it is just more money out of your pocket. If you are pulled over by the police for any reason at all, it can be extremely nerve-racking. However, even though it's scary to be confronted by police, and your first instinct may be to run, you still have options if you are charged with a crime.

One local man got a little too nervous when he was trailed by the patrol car. In a recent case, Winston-Salem police arrested an individual after pursing him in a high-speed chase for three miles in the beginning of the week. On Monday morning, officers responded to a report of a suspicious vehicle on the 400 block of Gossett Street. When authorities located the car, the officers attempted to stop the suspect, however, the man did not pull over.

New law regarding DUI repeat offenders imposes harsher measures

It has always been true that those accused of driving under the influence could face a lengthy prison sentence and also hefty fines if convicted on the charges. However, the consequences for repeat offenders may have become graver due to a new North Carolina law. Under the new law, repeat drunk driving offenders could find themselves spending substantially more time behind bars.

The law, known as Laura's Law, was signed this past June in response to a 17-year-old girl who was killed by a drunk driver. Reportedly, the driver had previously been imprisoned for a DUI conviction, and he also wore an ankle monitoring device for 60 days after he was released. But shortly after the ankle monitor was removed, the man once again engaged in drinking and driving.

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