Subscribe by Email

Your email:

Follow Me

The Tetterton Law Firm, PLLC - Knowledgeable and Effective

Tetterton Law Firm Blog

Current Articles | RSS Feed RSS Feed

On The Road On The Water, Don't Drink And Drive

 

RALEIGH, N.C. (May 19, 2011) – The Wildlife Resources Commission and the State Highway Patrol are teaming up for a safer North Carolina this summer, with a reminder that whether you are on the road or on the water, drinking and driving can be deadly. North Carolina sets the same limits for intoxication while operating a boat as it does for operating a motor vehicle, at .08 blood alcohol concentration. The state sees on average one-in-three alcohol related traffic deaths and recreational boating deaths every year. A new “On the Road or On the Water” campaign combines the efforts of “Booze It & Lose It” for highways and “Boat Safe, Boat Sober” for waterways. Officers will concentrate on impaired drivers – no matter what they drive – through awareness and enforcement in all North Carolina counties. Joining the campaign are the Alcohol Law Enforcement division, local police and sheriff’s departments and Forensic Tests for Alcohol branch, which is providing six mobile breath-alcohol testing units. Each mobile unit is equipped with alcohol screening devices, computers and communication work stations, as well as a magistrate office and other necessary equipment and supplies for processing impaired suspects. The ALE division will stress that the “On the Road, On the Water” message can serve as a deterrent to under-age drinking. It is illegal to sell alcohol without a permit, to sell to anyone younger than 21, to have an open container of alcohol in a car, or to sell wine, beer or liquor to anyone who is intoxicated. ALE special agents enforce these and many other laws involving the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state. The state chapter of Mothers Against Drunk Driving also will help promote and support the campaign through communication and education. Drinking and boating has an additional consideration. Wind and waves, combined with heat, glare, motor noise and vibrations can create a condition known as boater fatigue, which accelerates impairment and affects coordination, judgment and reaction time that can magnify the effects of alcohol in some individuals. North Carolina allows a boat operator to be charged if appreciably impaired. For more information on boating safety, regulations and title and registration, go to http://www.ncwildlife.org/Boating_Waterways/index.htm.

http://www.youtube.com/watch?feature=player_embedded&v=1--LwYlQTBg

Pills Can Kill Campaign

 

Carteret County law enforcement agencies are holding their 'Pills Can Kill' collection this Saturday, March 24th. Drop off unused prescription medicine to the designated locations sited on the website below.

http://www.carteretsheriff.com/

Tags: 

Drug Crimes

 

a post from the UNC School of Government, click the title below to link to their site.

New Drug Crimes

The legislature has passed, and the Governor has signed, new S.L. 2011-12, which creates three new Schedule I drugs, defines certain synthetic cannabinoids as Schedule VI drugs, and makes several other changes to the drug statutes. (The federal government had already taken action on synthetic cannabinoids, as discussed here.) The law is effective July June 1, earlier than the December 1 effective date that the General Assembly typically uses. The following is adapted from John Rubin’s summary of the law:
Generally. Effective for offenses committed on or after July June 1, 2011, the act adds four substances to the controlled substance schedules and creates new controlled substance offenses based on those substances, including trafficking offenses for three of the drugs.
Additional controlled substances. Amended G.S. 90-89(5) includes three new substances as Schedule I controlled substances, which generally carry the most serious criminal penalties: 4-methylmethcathinone (also known as mephedrone): 3,4-Methylenedioxypyrovalerone (also known as MDPV); and a compound, other than buproprion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in one of several specified ways. Amended G.S. 90-94 adds synthetic cannabinoids (as defined in new subsection (3) of G.S. 90-94) as a Schedule VI controlled substance.
New controlled substance offenses. Possession of any Schedule I controlled substance, including the above-described controlled substances, remains a Class I felony under G.S. 90-95(a)(3) and 90-95(d)(1), except that possession of one gram or less of MDPV is a Class 1 misdemeanor. Possession of synthetic cannabinoids or any mixture containing that substance are classified as follows under G.S. 90-95(a)(3) and 90-95(d)(4): a Class 3 misdemeanor for seven grams or less; a Class 1 misdemeanor for more than seven and up to 21 grams or less; and a Class I felony for more than 21 grams. Manufacture, sale, or delivery of synthetic cannabinoids, or possession with intent to do so, is a Class H felony (Class I if a sale) under G.S. 90-95(a)(1) and 90-95(b)(3), except the transfer of less than 2.5 grams of that substance or any mixture containing that substance for no remuneration does not constitute delivery. The threshold quantities for synthetic cannabinoids are approximately half the threshold quantities for marijuana, perhaps reflecting a legislative determination that synthetic cannabinoids are more potent.
New trafficking offenses. New G.S. 90-95(h)(3d) creates the offense of trafficking in MDPV, new G.S. 90-95(h)(3e) creates the offense of trafficking in mephedrone, and new G.S. 90-95(h)(1a) creates the offense of trafficking in synthetic cannabinoids, all classified and punishable as indicated in the new statutes.
I don’t have any special expertise regarding synthetic cannabinoids, but I wonder if the statutes will be able to keep up with the science. A commenter on the High Times website claims that “there are over one hundred synthetic cannabinoids, and DEA only banned five of them.” And an NPR article suggests that “it seems likely that some manufacturers will try to adapt their formulas so they include cannabinoid chemicals other than [those banned by the federal government].” If that’s correct, the situation may become reminiscent of the game of cat-and-mouse between the General Assembly and the manufacturers of electronic sweepstakes machines and software.

Tags: 
All Posts