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One’s blood alcohol concentration (BAC) can play a big role when facing DUI charges. The ratio can even affect how severe the charges are. So, how does this calculation work, and what does it mean? What exactly is BAC? First, it is important to note that the human body does not digest alcohol like it does food. It is absorbed into the blood through the stomach lining. Therefore, as the term indicates, one’s BAC indicates the amount of alcohol in the blood. The specific ratio calculates the milligrams of alcohol per 100 milliliters of blood. This helps determine the effect alcohol has on someone. Most people know that the legal BAC limit in North Carolina is 0.08 – or 80 milligrams of alcohol per 100 milliliters of blood. However, that does not mean that a BAC below 0.08 means you are in the clear. Individuals could still face DUI charges if their BAC is below the legal limit, but they still show signs of impairment. Alcohol is not the only factor that affects BAC The amount of alcohol you ingest is not the only thing that determines your BAC. There are many other elements that influence this, including: The type of drink, or the alcohol content of each drink The amount of food in your system Your weight and size Medications you are on Other physical conditions These factors combined with the alcohol consumed can cause BAC to vary widely from person to person. Is the BAC calculation accurate? Even though various factors aside from alcohol intake impact BAC, the ratio itself is often an accurate determinant of alcohol in the blood. However, there are a few things that might not be accurate, including: Charts calculating BAC: There is no shortage of charts and calculations online that demonstrate BAC levels and how they might impair someone. However, since everyone is different and every scenario is different, these do not always provide an accurate portrayal. Breath tests: Many studies have determined that Breathalyzers and breath tests conducted during traffic stops are not always accurate in determining BAC. Blood tests are far more accurate. It is critical to be aware of how BAC works – as well as the potential issues surrounding how alcohol affects individuals. This knowledge can play an important role in fighting DUI charges.

In previous blog posts, we have discussed how the type of drug and the amount of a drug can have a considerable influence on the severity of charges individuals face. However, what if the substances are essentially the same, but result in widely different charges? For many years, that has been the case with incidents involving crack and powder cocaine. Now, lawmakers are looking to change that. Report: Federal lawmakers aim to eliminate sentencing disparities At the end of September, the House of Representatives passed the Eliminating a Quantifiably Unjust Application of the Law Act (EQUAL Act.) The goal of this act is to reduce the significant differences in sentencing between charges involving crack cocaine and powder cocaine. These disparities have been in place for nearly 40 years. What should individuals know about this potential change? There are a few important details. This law would: Eliminate ratios: For years, law enforcement used a ratio of 100 to 1 when it came to powder cocaine charges versus crack cocaine charges. This essentially meant that an individual possessing one gram of crack cocaine would face the same charges as someone possessing 100 grams of powder. This ratio decreased over the years, but the EQUAL Act would eliminate ratios altogether. Retroactive application: Many individuals – particularly people of color – are currently serving long sentences for crack cocaine charges. The EQUAL Act would apply retroactively, reducing these sentences significantly. The bill must still pass the Senate, but many believe that the EQUAL Act has high chances of becoming law. What about charges in North Carolina? If the EQUAL Act becomes law, the changes in sentencing will apply at a federal level. This is good news for individuals who face federal drug charges. However, will the system here in North Carolina change as well? Under state law, cocaine is a Schedule II drug, which could result in penalties involving: Misdemeanor charges, a $2,000 fine and two years in prison for possession Felony charges, fines between $50,000 and $250,000 and ten years in prison for trafficking While the schedules do not differentiate between crack cocaine and powder cocaine, there is a history of unfair sentencing at the state level. However, in February, the attorney general supported the First Step Act and called for action to allow individuals to obtain fair resentencing for crack cocaine charges. It seems that changing these sentencing processes is a priority at both the federal and state levels. This change is a critical step for the future and the justice system overall.

The man who fatally slashed his uncle during a 2018 family gathering in Clinton was sentenced. Resident Superior Court Judge Henry L. Stephens sentenced Jamaal Peterson, 42, to not less than 13 years, ten months and not more than 17 years, eight months, for second-degree murder. According to news reports, the fatal attack took place in September of 2018 at the home of the recently deceased family matriarch, who was the grandmother of the defendant and mother-in-law of the victim. The family had gathered there after the funeral’s conclusion to spend time together. According to witnesses, the defendant’s mother and the victim had a short disagreement over a thank you card to be sent to an individual who sent flowers to the matriarch’s funeral. The defendant’s mother called over her two boys during the argument to get involved. The dispute, which was never physical, was then set aside. The defendant then went to the kitchen and grabbed a large serrated knife which he then took to the bedroom of the victim and his wife. The defendant slashed the victim’s upper arm, severing his left axillary vein and artery. The man lost consciousness before medical help arrived and died soon after that. There is no question that the entire family was grieving the loss of the matriarch, but this turn for the worst likely left the family irreparably damaged. Second-degree murder charges fit the crime The defendant, who had traveled from California for the funeral, was certainly grieving the loss of his grandmother. Nevertheless, the second-degree murder charge fits the circumstances. There was no premeditation beyond his response to the incident involving the card. Despite the mitigating circumstances, the killing was nevertheless intentional and involved a deadly weapon. The sentencing was perhaps a little shorter than average – the sentence for second-degree murder is typically 15 years to life. The defendant’s attorney no doubt discussed the heightened emotions that roiled the family on the day of the funeral and the lack of premeditation. There was no mention of any prior criminal history in the news, which likely means the attack was an isolated incident fueled by raw emotion.

Atom Cameron was initially charged with second-degree murder for killing Colby Lucas. The incident took place on September 25, 2018, around 2:20 p.m. at Circle K in Durham. He was subsequently charged in 2019 for possession of a stolen firearm and two drug charges. In October of 2021, Senior Resident Superior Court Judge Orlando Hudson downgraded Cameron’s sentence to voluntary manslaughter, a sentence of seven to nine years, under a plea deal. Family complains about leniency According to news reports, the victim’s mother said of the sentence: “It’s not enough time… People get more time for drugs than people that take a life. It is not looking after the victim's family at all." The victim was 29 years old and had children ranging from two to 12 years old. The shooting Cameron told the police that Lucas entered the Circle K parking lot at a high rate of speed as he was leaving. Both drivers were forced to stop suddenly, leaving the two men to throw their hands into the air and stare at each other. Cameron then began to drive away when Lucas said something. This prompted Cameron to back up and get out of his truck, standing by his open door with his hidden hand on a pistol. The men exchanged words, and then Lucas struck Cameron, prompting Cameron to push Lucas away and then shoot him in the shoulder and neck. Lucas ran into the store but bled to death there. Previous record Atom Cameron already served about seven months before the plea hearing. He had no criminal history beyond the 2019 charges, but he was linked to another road rage incident where he was charged for driving offenses but not convicted. He was remorseful and apologized to the family in open court. He got lucky Judges and prosecutors are not always open to plea deals, so it appears that Cameron got the lesser sentence because he did not initiate the incident, and he defended himself. It also fits the voluntary manslaughter’s definition of the incident resulting from a sudden quarrel. The second-degree murder charge includes sentencing that is not less than 12 years to life in prison. Despite both charges involving intentional but unpremeditated killing, Cameron’s voluntary manslaughter sentence could end up being a little over half as long as the second-degree sentencing. Regardless of whether you agree or disagree with the plea bargain, it’s safe to say that Cameron got lucky that his plea deal worked out.

Many people take “trafficking” and “distributing” to mean the same thing when it comes to drug charges. After all, it is a common myth that trafficking charges stem from a much larger scheme to make money. But this is not true. So, what exactly constitutes a trafficking charge? First: Two variables impact all drug charges The consequences and classification of any drug charges heavily depend on two factors: The amount of drugs involved The type of drug involved These factors can still affect how severe the penalties are for both distribution and trafficking charges. However, there are two other factors you must be aware of that can affect which of these two charges you might face. How are distribution and trafficking different? The term “trafficking” leads many people to believe that drug trafficking charges stem from the widespread distribution of illegal substances. But that is not necessarily true. There are two critical factors that differentiate these charges: The transport of illegal substances is what leads to charges of drug distribution The weight of the illegal substances found is what can result in charges of drug trafficking North Carolina law states that drug trafficking charges essentially involve the manufacturing, selling and distribution of drugs. All of these actions could lead to drug trafficking charges under state or federal law. However, it is the amount of drugs – not the transportation of them – that plays the largest role in determining a trafficking charge. For example, state law indicates that even possessing between 10 and 50 pounds of marijuana alone could lead to a trafficking charge. Why should you know the difference? Trafficking charges are some of the most serious drug charges you could face. And unlike the common belief mentioned above, it does not take much to land with these charges – and the risks they pose. Distribution and drug trafficking are both felonies. While drug trafficking charges generally have more serious penalties, you should take both charges very seriously and take steps to defend your future.

The force of a car accident can leave individuals facing serious injuries, whether it was a rear-end collision or a head-on collision. And it is this force and the jarring movement that can also cause serious damage to one’s back muscles – or their spinal cord. Back injuries are some of the most common injuries that result from a car accident, but many people might wonder just how serious these injuries can be. What kinds of back injuries can a crash cause? Some of the most common back injuries resulting from an accident include: Whiplash: While many people associate whiplash with the neck, it can also affect the upper back and spinal cord, and limit one’s ability to move. Herniated disks: This is when the disks between the vertebrae – or the bones in the spinal cord – are out of place. This can cause pain or numbness in one’s back, but also their legs or arms. Muscle sprains: While sprains and strains in the back muscles are not often serious injuries, they are common. They limit movement and cause individuals pain while they recover from a car accident. Injuries to the back can affect one’s life much more than they think, especially with how much they can restrict movement. While these injuries listed above often can heal overtime with a lot of rest, there are other back injuries that can have much more serious effects. How common are spinal cord injuries? Mayo Clinic reports that motor vehicle accidents are the most common cause of spinal cord injuries across the country. Collisions that result in spinal cord injuries only make up a small percentage of all accidents, but they still pose a serious risk. This is because spinal fractures or other spinal injuries can cause considerable damage and have lifelong effects. The most serious spinal cord injuries can result in paraplegia or quadriplegia, but even acute spinal cord injuries can significantly decrease movement and require physical therapy to regain function. Watch out for symptoms – and see a doctor immediately Back pain and injuries can affect nearly every aspect of one’s daily life, whether they are temporary or long-term. This is why it is important for individuals not to overlook any back pain after an accident – even if they believe the collision was minor. That is also the reason why it is so critical to seek medical treatment as soon as possible after a crash on North Carolina roads. Sometimes, the signs and symptoms of back injuries might not appear right away. However, seeking medical treatment can ensure the cause of an injury is documented, while also making sure individuals get the care they need immediately.

The United States Constitution might give individuals the right to bear arms, but individuals must still follow the rules. North Carolina residents must meet very specific conditions to obtain a license to own and carry a concealed firearm. Maintaining the right to own a gun, as well as protecting one’s future, requires individuals to stay informed. Individuals who carry firearms must understand the rules and be aware of the risks. Here are two particular risks that individuals should know. 1. It is not necessary to use a gun to face criminal charges Individuals must remember that they do not even have to hold or fire a gun to face criminal charges. They could also face serious charges, fines and even jail time if: They have a gun on their person without a permit, or their permit is not readily available They are drinking or under the influence with a gun on their person Of course, the use of a gun could result in consequences that are much more severe than carrying a gun in a manner against the rules. For example, using a gun or even pointing a gun at another person could lead to charges of assault. Even so, it is critical to be aware of the risks that could come with even carrying a gun. 2. When carrying a gun, be careful where you go Even if individuals carry a gun legally, there are still some locations where it is against the law to have a firearm on one’s person. These places include: School campuses, which could lead to a felony Parades, festivals or public celebrations Places where alcohol is sold Government properties Private properties with posted signs It does not matter if individuals have a permit to carry a concealed weapon. If they have a weapon on these properties, they could face serious charges. What exactly are the charges? The charges individuals could face for carrying a firearm vary depending on the circumstances of their case. However, they could face prison time ranging from roughly 60 days to 25 months for illegally carrying a firearm. Even a first offense could put one’s rights to own a firearm at risk, as well as the plans they had for the future. If individuals wish to protect their rights, they must stay aware.

Facing a criminal investigation or criminal charges can be overwhelming. You find yourself worrying: what penalties will you face?  How can you protect yourself? This is why many people often take steps to get a criminal defense attorney on their side. Even so, many people might wonder why they should hire an attorney in the first place. Here are three reasons to consider seeking representation. 1. Defense attorneys keep you informed of – and protect – your rights Even if you face DWI charges or assault charges, you have specific rights under North Carolina law and the Constitution. However, there are often nuances that can be difficult to navigate in high-stress situations. For example, the Fifth Amendment of the Constitution protects individuals against self-incrimination. Commonly referred to as “Miranda rights,” these are your rights to remain silent and obtain an attorney, among others. However, it is critical to note that: Miranda rights often only apply when you are in custody and being questioned You must verbally invoke your Miranda rights This is only one example, but protecting your rights can often be more complex than it seems. A defense attorney can make sure you understand your rights clearly and secure them. 2. Attorneys understand the process The criminal justice system is a complicated one. However, a defense attorney can help you navigate this system effectively since they: Understand the legal process of criminal cases Know the rules law enforcement must follow Know how to negotiate and work with prosecutors Understanding the law and how it applies in these circumstances is critical to protect yourself. 3. They will work to mitigate the consequences you face Your biggest concern when facing criminal charges is likely the penalties. For example, DWI charges can lead to time in jail, significant fines and losing your driving privileges. Working with a defense attorney can help you mitigate these penalties by challenging wrongful police searches, making plea deals and investigating the evidence in the case. There is too much at risk when dealing with criminal charges. Consulting an attorney can help you reduce the risks you face and protect yourself in these challenging situations.

Rideshare services are a convenience that many people enjoy, whether they are exploring a new city or traveling around their own hometown. Many people take advantage of these services since they can call a ride directly from an app. Ridesharing might be incredibly useful, but it is important for North Carolina passengers to note that safety reports regarding rideshares vary – and even contradict each other. Conflicting studies about rideshares and accidents Even as the popularity of ridesharing continues to increase, the chance of an accident remains. Most road users are aware of this risk, but it seems that studies cannot agree on how much of a risk passengers face in a rideshare. For example, two different studies determined that: Rideshares are reducing accidents: A recent report based on data from Houston, Texas, indicates that the increased use of rideshares reduces the number of collisions. The primary reason for this decrease is that rideshares offer individuals a way home after a night out that does not involve driving under the influence. The study found that using rideshares decreased the rate of accidents by 3% for every 1,000 rides. But rideshares also cause accidents: On the other hand, a 2018 study reported that rideshare services also contributed to an increase in accidents. According to the University of Chicago and Rice University, rideshare accidents increased traffic fatalities between 2% and 3%. The studies’ findings might vary, but it is important to be aware of both of them. Safety should always come first, and understanding the risks of the road is the first step to prioritizing it. What can passengers do? None of this information is to say individuals should not use rideshare services. However, they should take great care whenever they get into a vehicle, whether they are a driver or passenger. If using a rideshare service, it is critical to: Be aware of the most common causes of rideshare accidents, namely distracted driving and fatigue Check the driver’s rating each time they hail a ride Always wear a seatbelt, as simple as it might sound Politely ask drivers to avoid distractions, such as using their phone or GPS, while driving It is also critical for individuals to remember that there is legal recourse for passengers who suffer injuries in a rideshare accident. Even so, both drivers and passengers can take steps to make their rides safe.

Alcohol consumption is often deeply integrated into college culture. This is partly because many individuals are students in college when they come of legal age to both buy and drink alcohol. It is not only students who are of age that partake in alcohol consumption either. There is a considerable rate of underage drinking that occurs on college campuses as well. Regardless of whether students are underage or have turned 21, it is critical for students and their parents to be aware of the risks they face if they deal with charges of driving under the influence. The first risk? Criminal charges Usually, the most serious risk that college students face is the consequences of criminal charges. In North Carolina, drinking and driving under the age of 21 is a misdemeanor, often leading to: License revocation for up to one year Up to 60 days of jail time Up to $1,000 in fines Students under 21 might face stricter penalties because of North Carolina’s zero-tolerance policy. But students 21 and older still face considerable penalties if charged with a DWI. Parents are often well aware that a DWI conviction on a students’ criminal record can no doubt affect students’ futures, as we have discussed in previous blog posts. A conviction can affect their ability to qualify for insurance and even certain employment opportunities. However, DWI charges can have immediate impacts on their educational aspirations as well. How do DWI charges affect students’ college careers? The criminal and administrative penalties outlined under North Carolina law are not the only potential ramifications of which students and families should be aware. Colleges and universities might also impose consequences on students facing DWI charges. In many cases, the illegal use of alcohol – including drinking and driving – is not only against the law but also against many schools’ codes of conduct and student policies. Take Duke University for example. A DWI, even if not on campus, violates their alcohol policy. This could lead students to face: Disciplinary actions for violating the policy Academic probation or blocks from registration for a semester Loss of scholarships or financial aid Suspension or removal from sports teams Driving under the influence might be a one-time mistake, but it can have serious lasting penalties. That is why it is especially important for students to seek experienced defense to protect their futures and opportunities.

The U.S. Constitution protects individuals from unreasonable searches and seizures by police. That is why, as many people know, North Carolina police usually need a warrant to search their property, such as their home or even their vehicle in some cases. But what about your cellphone? This device is something you have on your person nearly all the time. Moreover, it contains a significant amount of personal information, whether that is your private messages, search history or even your bank account information. So, does the Fourth Amendment protect your cell phone too? Do police need a warrant to search your phone? This is a complex matter – just like anything involving new technology. However, the Supreme Court ruled on this matter in 2014, stating that: A cellphone can include as much personal content as someone’s home and should be treated the same Police, therefore, need a warrant to look at the contents of the cellphone There are exceptions where police do not need a warrant, such as emergency situations. This applies to most situations involving a potential police search. However, a warrant is generally necessary to search the contents in the phone, even after police arrest someone. When it comes to data, things get more complicated Not everything you use or access on your cellphone is actually saved on the device itself. Most cellphone plans come with a data plan, allowing you to use your phone – and the internet – nearly anywhere you go. Using data requires the cellphone to connect and communicate, so to speak, with other devices. This information is not necessarily contained within your device, so do police still need a warrant for data? The answer to this question is complex. As of now, it depends on the type of data in question. For example: The Supreme Court determined that police need to obtain a warrant to access or utilize cell site location information (CSLI) data, or the data created or used when a cellphone connects to a nearby cell tower. However, data that goes through a third party is subject to the third-party doctrine. Essentially, when individuals use GPS or save things to the cloud, cellphone companies can often access this information. Police might not have to obtain a warrant to review information like this if it is by way of a third party that already has an individual’s consent. The combination of technology’s rapid advancement and legal nuance can be overwhelming, but it is important to understand the basic issues regarding them. After all, knowing your rights is the first step to protecting them.

When getting ready to welcome a new child, one of the parent’s primary worries is finding a safe car seat. It is indeed critical for families to find the right car seat and make sure it is installed properly to keep their children safe. Aside from this, North Carolina drivers and passengers rarely consider their own seats inside the vehicle. However, a recent report indicates that the safety of the seats already within our vehicles might require more attention than many previously thought. Seatback failure: What is the risk? For decades now, CBS has investigated safety issues and concerns regarding vehicle seats. The investigation found that, in some cases, seats could break in a rear-end accident and lead to even more severe injuries. Essentially, if hit from behind, the front seats could collapse and propel backward – directly into the back passenger seats. How serious is this risk? CBS reports that in the last 30 years: More than 100 people suffered serious or fatal injuries as a result of this issue Most of them were children sitting in the backseats However, individuals in the collapsed seats can also suffer severe injuries It is important to note that the risk of seatback collapses is rare. However, it is still something of which all drivers should be mindful. Especially since lawmakers are taking action in response to these findings. Recently, federal lawmakers introduced The Modernizing Seatback Safety Act to update seat safety standards and mitigate this risk. While it is unclear if the act will become law, this issue is receiving more attention. What should drivers do? Being aware of issues like this is often the first step to combat risks. That is one of the reasons why federal lawmakers are now taking action to increase safety standards. However, North Carolina drivers might worry about what they can do in the meantime. It can help if drivers: Get information about potential risks regarding the manufacturer of their vehicle, or the type of car they have Check consumer reports and research safety issues if purchasing a new or used vehicle Keep children in rear-facing car seats for as long as is safe Drivers cannot control how other motorists act on the road. They can only control their own driving habits and behaviors. Therefore, it is always critical for drivers to stay focused and drive defensively, to reduce the risks they face on the road and in their own vehicle.