CR - Christina RivenBark & Associates Attorneys At Law
Free Consultation
910-338-9813
Representing in Wilmington, NC & South Eastern North Carolina
Email Us Now

Drunk driving advocacy group honors North Carolina lawmakers

The advocacy group Mothers Against Drunk Driving recently named six North Carolina lawmakers as 2013 legislative champions for the organization’s cause. The three state Senators and three Representatives on the list all sponsored various bills against drunk driving or calling for increased safety measures.

State Senators Tom Apodaca and Jim Davis played a role in legislation mandating blood alcohol testing in hospitals. Both also advocated for increased manpower in the state’s toxicology crime lab.

The remaining four lawmakers -- Senator Bill Rabon and Representatives John Faircloth, Jonathan Jordan and Darren Jackson -- supported or were sponsors of bills that would require ignition interlocks for all convictions for driving while impaired or under the influence.

A drunk driving defense lawyer might agree that increased staffing might help to avoid errors in blood alcohol content test results. Contaminated or compromised lab procedures for BAC testing have been an issue in other jurisdictions.

However, harsh DWI sentences, such as requiring an ignition interlock even for a first-time offender, might produce a different response. Rather than fines, jail time or other penalties, an attorney might negotiate with prosecutors for rehabilitation and other alternatives. At a minimum, an attorney may review the arrest record to see if a lesser charge may be available.

Readers may think that blood alcohol test results are infallible. However, a DWI defense lawyer might know of specific instances where such results were demined inadmissible or erroneous. Chemical testing is susceptible to human and mechanical error, and must always be supported by probable cause. On either ground, an experienced attorney might have specific legal challenges to explore as part of a strong defense.

Source: blueridgenow.com, “Apodaca named one of MADD's 2013 Legislative Champions,” Nov. 19, 2013

No Comments

Leave a comment
Comment Information