Charlotte Personal Injury Lawyer Blog

Chapel Hill council members voted 7-2 on February 20, 2012 to continue discussions regarding a cellphone ban while driving. The cellphone ban would prohibit hand-held phone calls while driving, or perhaps even hands-free phone calls. The town ordinance would be in effect for all roads within the town limits, including those that are owned by North Carolina. The ordinance would mandate a $25 fine for violations.

Supporters of the ban argue that it will help combat the dangers of driving and talking on mobile phones simultaneously. Supporters also argue that once violators encounter the $25 fine, they will be more apt to pay attention to their driving. The council will vote on the ban on March 12, 2012.

Continue reading "Proposed Cellphone Ban Raises Several Issues" »

Thursday, February 09, 2012, proved to be a busy morning in the Mecklenburg County courthouse for white collar convictions. John Knox Bridges plead guilty to several federal charges of securities fraud and money laundering. Spanning a period of four years, Mr. Bridges obtained over $2.3 million from individuals as a result of his fraudulent acts. Mr. Bridges frequently told individuals elaborate stories to obtain such funds, claiming that he needed the money because he was a victim of identity fraud or promising to invest the money in Texas Oil Companies on behalf of the defrauded individuals. Mr. Bridges is currently out of custody on bond, awaiting his sentencing hearing. Based on the Federal Sentencing Guidelines, Mr. Bridges faces between 57 and 71 months in prison.

In an unrelated case, Ricky Dean Hardee was sentenced to 21 months in federal prison for tax evasion. From 2002 to 2007, Mr. Hardee operated a contracting business and instituted an elaborate scheme where he avoided paying $1.52 million in taxes.

Continue reading "Charlotte Area Cases Illustrate Complexities In White Collar Crimes" »

According to a new report from Transportation for America, Charlotte is the seventeenth most dangerous area for pedestrians. Transportation for America studied traffic patterns for 52 metropolitan areas with more than one million people from 2000-2009. The report indicates that 208 pedestrians were killed during this nine year period in Charlotte, accounting for 17 percent of all traffic fatalities in Mecklenburg County.

The report also indicated that Raleigh is the 13th most dangerous city for pedestrians. Charlotte and Raleigh are more dangerous than larger cities and more notorious cities with higher traffic such as Los Angeles, Washington, D.C., and New York City. The report further indicated that pedestrian safety has declined over the past decade for many metropolitan areas and pedestrian deaths have risen. Transportation for American attributes these trends to the fact that pedestrian safety is not high on the priority list of many municipalities' concerns.

Continue reading "Charlotte Among Nation's Most Dangerous Cities for Pedestrians " »

On January 23, 2012, a Cleveland County jury was taken to the apartment where Jeremiah Swafford was murdered on February 13, 2009. The jury had seen several diagrams and photos of the apartment, but the jury was taken to the apartment to see the apartment as part of the State's presentation of evidence. Swafford's stepfather Dwight Justice was on trial for first degree murder and child abuse of Swafford. The Defendant's trial began on January 18, 2012.

The Charlotte Observer article does not examine how determinative the visit to the scene of the crime was as compared to the rest of evidence in the case. In fairness, such an examination would be almost impossible for anyone other than those most intimately familiar with the trial. However, the article does illustrate the importance that evidence can play in a criminal trial and the importance of obtaining a competent attorney well versed in the Rules of Evidence. According to the Rules of Evidence, such information that is unduly prejudicial to the Defendant is not admissible. Although the article does not indicate whether Mr. Justice's defense attorney objected to this presentation of evidence, it should be noted that traveling to the scene of a crime could have been unduly prejudicial to Justice. As noted, one would need to be intimately familiar with the facts of the case, the presentation of the State, the defense strategy etc. to begin to analyze both the State's request and the Defendant's response.

Continue reading "Recent Charlotte Area Criminal Case Illustrates Important Role of Evidence" »

According to a recent study, Charlotte had only 55 homicides in 2011, which is a record low in two decades for the Charlotte area. Charlotte's decline in homicides coincides with the national decline in violent crime across the nation. According to the Federal Bureau of Investigation, the national violent crime rate has decreased by 13 percent over the past decade.

Charlotte-Mecklenburg Police attribute the decline to the fact they have become efficient in investigating and solving cases. In 2011, Charlotte-Mecklenburg Police closed 89 percent of their cases, which is above the national average of 69 percent. In fact, only six of last year's crimes in Charlotte still remain unsolved. However, with the percentage of closure and the decrease in violent crime, officers have been able to devote more time to solving open cases.

Continue reading "Charlotte Violent Crime Rates Decrease, Reflecting National Decline" »

Robert Brame, a criminologist from the University of North Carolina, Charlotte, co-authored a national survey which found that 30.2 percent of Americans surveyed have been arrested for a crime other than a minor traffic violation by the age of 23. This is a significant increase from 22 percent in 1965, which was when the last study of this sort was conducted.

Mr. Brame surveyed 7,335 individuals nationwide between the ages of 12 and 16. The participants were initially surveyed in 1997 and have had follow up surveys every year since then. In addition to the 8 percent increase in arrests, the study also indicated that the likelihood of a first arrest increased between late adolescence and the age of 18. The study indicated that nearly 16 percent of the individuals surveyed had been arrested by the age of 18. Brame's study did not account for racial or regional differences in arrest rates; however, other studies have indicated that the percentage of African American men and youth in poor urban areas arrested are higher than other participants.

Continue reading "Study Indicates An Increase In Americans Arrested By Age 23" »

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.

Continue reading "Charlotte-Mecklenburg Police Send Message Concerning DWI Offenses" »

In July, Michael Mead was acquitted of killing his pregnant fiancée by a Gaston County jury. Mr. Mead was charged with shooting his wife and subsequently burning her house down. Given the nature of his offenses, he could have faced the death penalty if he was found guilty of the offense.

Since Mr. Mead has been acquitted of the offenses, he is suing the Gaston County Police and the N.C. State Bureau of Investigation for mishandling evidence. According to Mr. Mead, Police officers gave him a gunshot residue test. However, they later denied giving him the test. During the subsequent prosecution of his case, Police admitted to giving the test and losing the results. Mr. Mead's lawsuit alleges such a mishandling of evidence constitutes a violation of standards that should be followed in every criminal investigation.

Continue reading "Mead Lawsuit Raises Questions of Police Competence " »

On October 2, 2011, an Italian appeals court overturned the conviction of Amanda Knox who was convicted in 2009 of murdering her roommate Meredith Kercher. Although the appeals court will write a formal opinion detailing the court's conclusions, Knox's counsel and many others believe the acquittal is a result of the Prosecution's lack of evidence.

The prosecution's case primarily focused on circumstantial evidence that failed to directly connect Knox to the murder. The prosecution presented DNA evidence from a knife and a bra clasp that was found at the apartment of a man Knox was dating. The prosecution contended such evidence connected Knox to Kercher's murder. However, this evidence was discredited on appeal. Experts indicated the evidence may have been contaminated when it was collected, so the DNA could definitively connect Knox to the murder. With this evidence discredited, the case hinged on circumstantial evidence, and there was little to further implicate Knox, as the prosecution offered virtually no motive or means for Knox to commit the crime.

Continue reading "Amanda Knox's Acquittal Relevant To Charlotte Criminal Proceedings" »

Continuous alcohol monitoring (CAM) devices have been used in North Carolina since 2005. The more common CAM devices are the utilized in cars, only allowing the automibile to start after the driver passes an installed breathalyzer such as the Monitech device. However, in light of new legislation such as "Laura's Law" and The Justice Reinvestment Act, which take effect January 1, 2012, CAM devices are becoming more widely used.

In particular, a less commonly known CAM device has become increasingly popular and available to criminal Defendants. Ankle alcohol monitoring devices, which are also known as Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets, use infrared technology to ensure that it the device remains attached to a human body and has not been tampered with. Since the body passes a small percentage of consumed alcohol through perspiration, the device uses an electro chemical fuel cell to measure the number of alcohol molecules that are produced through the sweat glands. The data is then sent to a computer, which reports how much alcohol has been consumed and how recently it was consumed.

Continue reading "North Carolina Use Of Alcohol Monitoring Bracelets Continues To Increase" »

On September 21, 2011, Georgia executed Troy Davis, who was convicted of murdering Mark MacPhail, a Savannah police officer, in 1989. The execution occurred though the Supreme Court previously issued a temporary stay of execution. After many requests for pardons and further hearings, the Court denied Davis' last request, thereby allowing the execution to proceed.

Davis' execution raises many questions concerning the effectiveness of the judicial system and capital punishment. Davis maintained his innocence throughout his execution. During the trial, the prosecution submitted testimony from eyewitnesses who claimed they saw Davis murder MacPhail. Davis, on the other hand, offered eyewitness testimony rebutting the Prosecution's witnesses. Davis also offered evidence that another individual confessed to the murder but was never investigated by the Police. Finally, Davis repeatedly maintained that he was never in possession of a weapon on the night in question.

Continue reading "Troy Davis Execution Symbolic Of Problems In North Carolina Legal System" »

As part of North Carolina's "Booze It & Loose It" campaign, Charlotte Mecklenburg County Police increased their patrol during Labor Day weekend. Mecklenburg County officers issued more citations and arrests than any other county in the state. Other counties falling within the Top Five were the Wake, Forsyth, Guilford, and Onslow counties. Mecklenburg County also led the state in the number of DWI / DUI charges with Wake County, Hanover, Guildford, and Robeson following.

Mecklenburg County was second in issuing speeding tickets. Within Charlotte's surrounding vicinity, Cabarrus County issued the second largest amount of traffic tickets and citations, as well as the second largest amount of DWI / DUI arrests.

These statistics, coupled with the fact that Charlotte Mecklenburg Police arrested eight individuals and issued seventy-two additional citations during a routine DWI checkpoint last week, indicate that Police are increasing patrols for traffic violations.

As a practical matter, Police officers also use these checkpoints as a preliminary basis to stop motorists to further investigate for additional criminal activity. As a classic example: a motorist approaches a checkpoint, the officer observes an open container in the vehicle while obtaining the driver's valid license, and the driver is then charged with an open container. Eight arrests resulted from the checkpoint operated by the authorities: six impaired driving arrests and two arrests for undisclosed violations. A number of citations were issued at the checkpoint for drug-related offenses. It is crucial that anyone charged / arrested immediately obtain a Charlotte criminal lawyer trained to properly analyze legal issues with a case such as the reason for the inital detention of the Defendant, the basis for the arrest, and other legal issues that are critical in such cases.

Continue reading "Charlotte Traffic Citations and Arrests Increase" »

Michael Mead is a York County resident. He was accused of shooting Lucy Johnson (his then pregnant fiancée) in 2008 and burning her home. Mr. Mead potentially faced the death penalty in this case. The trial spanned two months, and was moved to Charlotte from Gastonia due to pre-trial publicity. After approximately nine hours of deliberation, the Jury returned not guilty verdicts on both the arson and murder charges.

The prosecution's theory of the case was essentially that Mr. Mead wanted Ms. Johnson to have an abortion. As she refused, he became upset and murdered her. The Defense countered with evidence that Mr. Mead's mobile phone was used at his home fifty minutes from the crime scene at the time of the murder. The Defense also pointed to another potential suspect; an ex-boyfriend of Ms. Johnson, with whom she had a difficult relationship.

I did not participate in this trial, and I'm not familiar with the evidence. Thus, I cannot render specific opinions regarding such. However, the Observer article indicates the victim's mother was unhappy with the Gaston County DA's handling of the case. It is also my understanding that the Judge sanctioned the prosecution for discovery violations by awarding the Defense the last argument.

The actions of District Attorneys' offices in North Carolina have been a hot topic in recent months given recent legislative amendments regarding their duties to disclose information to defense counsel. It is interesting that this issue has yet again come up in such a high profile / important case, even as the N.C. legislature has relaxed the Prosecution's ethical duties.

CharlotteObserver.Com, Jury acquits Michael Mead, accused of killing pregnant fiancée, 07/13/11

North Carolina Highway Patrolman Edward S. Wyrick wrongfully arrested Gina Tessener for Driving While Impaired (DWI) last month in Wilmington, NC. Mrs. Tessener exercised her legal right to refuse roadside sobriety tests. She subsequently blew .00 on an intoxilizer.

Mrs. Tessener's actions angered Trooper Wyrick, who texted Trooper Andrew M. Smith "This woman refused all roadside testing, and blew .00," "Her husband is a trial lawyer and told me I should be ashamed of myself." Trooper Smith
responded: "Hahahaha fuck her and fuck him. She say how much she'd had to drink?" Trooper Wyrick wrote back: "She said 1 drink at 7pm." Trooper Smith responded "Fuck her,"

Mr. Tessener followed Trooper Wyrick's patrol car (with his wife in custody) to the jail for his wife to appear before the magistrate. According to Mr. Tessener, Trooper Wyrick sped up crossing the bridge into Wilmington and turned off the road, while Trooper Smith pulled Mr. Tessener for unidentified reasons. Trooper Smith requested Mr. Tessener perform field sobriety tests on Mr. Tessener, but didn't charge Mr. Tessener. The two Troopers continued to communicate in an unprofessional manner regarding Mr. Tessener's improper traffic stop.

Mrs. Tessener's charges have been dropped due to lack of evidence. Mr. Tessener was not charged with any violations. Both Troopers have been placed on desk duty pending the results of an ongoing investigation.

This story serves as yet another example of improper conduct by law enforcement. The North Carolina Highway Patrol in particular has a particular poor record of conduct. The story further serves as a reminder that the public unfortunately cannot always depend upon law enforcement to perform their duties in an appropriate manner, making the assistance of effective legal counsel crucial.

If you are charged with a criminal charge or traffic citation in Charlotte, North Carolina, it is imperative that you consult a Charlotte criminal defense attorney regarding the specifics of your case. There are a variety of factors in a criminal / traffic matter that must be analyzed, including the actions of law enforcement.

NewsObserver.com, Troopers Texted About Drivers, 07/06/11

Cliff Harris is an All-American cornerback and punt-returner for the Oregon University Football Team. Mr. Harris' talents have led to his projection as a first-round selection in the 2012 NFL draft. On the field, his is notorious for utilizing his speed to make exceptional plays.

Unfortunately, Mr. Harris was pulled over by authorities for traveling 118 MPH in a 65 MPH zone in Oregon recently in a Nissan Altima at approximately 4:30AM. Under Oregon law, he faces a fine of $1,148.00 for driving in excess of 100 MPH. Mr. Harris was also operating the vehicle with a suspended license, resulting in an additional $427.00 fine.

I have noted in my practice that the speeds on Charlotte area interstates appear to be increasing. The resulting effects on clients' licenses and insurance can be dramatic, depending upon the circumstances, even with the diligent work of an effective Charlotte traffic attorney. I believe anyone charged with speeding and / or reckless driving who fails to hire proper legal counsel is headed for a mess including potential: significant fines, license suspension, insurance increases, etc.

As a lawyer who also handles auto accident cases, the excessive speeding citations that I see daily are somewhat troubling. The increased speeds result in more accidents, and obviously lead to more dramatic consequences in the event of an accident. Thus, I remind clients to consider their safety and the safety of others as they drive. If you are involved in an accident, it is equally important to consult a qualified personal injury attorney who is familiar with the practical implications of North Carolina's motor vehicle laws.

BigLeadSports.Com, Ducks' Star Cliff Harris Attempted to Break the Sound Barrier in a Nissan Altima Near Albany, Oregon, 06/13/11