On November 28, 2011, Jonathan Cox, a Charlotte man, ran a red light and crashed his car into another vehicle. The driver of the other automobile died in the crash and her four year old son was critically injured. Shortly after the incident, Mr. Cox was arrested for driving while impaired (DWI) and second degree murder. According to the Charlotte-Mecklenburg Police, Mr. Cox was under alcohol monitoring restrictions as a result of a DWI conviction in 2009. Mr. Cox's blood alcohol level was not to exceed 0.04. His bail was set at $350,000 by the Court.
On December 8, 2011, Charlotte-Mecklenburg and Matthews Police initiated a sobriety checkpoint as part of its Holiday "Booze it and Lose it" campaign. During the checkpoint, the Police arrested nine individuals for driving while intoxicated. The Police also issued another 62 citations for various traffic offenses including driving with a revoked license and driving without an operator's license. The Holiday "Booze it and Lose it" campaign will continue until January 2.
As reported after the Labor Day "Booze it and Lose it" campaign, these checkpoints are often used to investigate for additional criminal activity and often lead to charges other than mere traffic offenses. There are certainly arguments to support the use of these checkpoints, such as public safety. However, the legislature and the Courts have provided specific rules for law enforcement for follow in utilizing such checkpoints to protect the public from overreaching. Unfortunately, Police sometimes fail to follow the appropriate guidelines, resulting in violations of motorists' rights. It is thus always imperative to obtain an experienced traffic lawyer to analyze whether the initial detention was lawful and whether the charges that result from that detention are lawful.
Recent events indicate that Charlotte-Mecklenburg Police are especially targeting DWI offenses. The bond set for Mr. Cox further indicates the Court has taken notice of the DWI issue. As noted in previous blogs, the N.C. legislature has certainly made its opinion known regarding the matter. Given that Mr. Cox has prior DWI convictions and the resulting injuries from his offense, the State can certainly argue for severe action in the case. From a public standpoint, the high bond serves as a disincentive for driving while impaired. It sends the message that DWI will not be tolerated. This is furthered by the Holiday "Booze it and Lose it" campaign and the issuance of the nine DWI charges in one night. The frequency of these checkpoints and the amount of DWI charges issued will likely increase over the next few weeks while the campaign continues, thereby furthering the public perception that the Police Department is increasing patrols for DWI offenses.
The significance and ramifications of a DWI charge go beyond a mere traffic offense. Such a charge can result in serious court costs, fines, imprisonment, loss of employment, etc. If you have a pending DWI charge or are issued any traffic citation, contact an experienced Charlotte traffic/criminal law attorney to help you with these issues.
CharlotteObserver.com, $350,000 bail set for DWI suspect, 11/30/11
CharlotteObserver.com, Police charge 9 with DWI at overnight checkpoint, 12/9/11
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