The Bdles Vol.XLV No.l 900 HILLSBOROUGH STREET, ST. MARY’S COLLEGE. RALEIGH. N.C. Of St. Mary’s Collese^ September, 1983 AN OPEN LETTER TO COLLEGE AND UNIVERSITY STUDENTS NEW DUI LAWS TO GO INTO physical or m ental faculties are to $1,000. if J oe has two or more one year. He is eligible for a EFFECT appreciably impaired by an im- prior convictions for driving severely curtailed limited pairing substance or; impaired within seven years, driving privilege only after he On Octoberl, 1983, the new (2) By showing the driver's punishment is the same as if he has served a court-ordered Safe Roads Act will go into ef- alcohol concentration (AC) is had two GADD factors, feet. The following is an open 010°^ more. If no GADD factors are letter to all students from if Joe refuses to subm it to a present, the judge weighs the Heman Clark, Secretary of chemical test, his license will be aggravating and mitigating Crime Control and Public revoked for one year. He can factors. If aggravating factors privilege. Revocation is per- Safety, outlining the points of ^pply for limited driving priv- outweigh mitigating factors, manent for the third offense, the act which most directly Heges only after surrendering Joe can be sentenced to a In matters of license revo- apply to college and university his license for six months of the minimum of 72 hours in jail, or cation for out-of-state students, students revocation. 72 hours of community service North Carolina has reciprocity If J oe registers 0.10 AC or or 90 days without driving or a with m ost states for im paired more on a chemical test, or re- combination of all. He also driving crimes. The North period of vehicle non-operation. If it is Joe’s second offense, he loses his license for four years and can get no limited On October 1, 1983, North Carolina will have a new set of fuses the test, he will be taken laws dealing with those who before a magistrate and his operate a vehicle while im- license will be suspended im paired by alcoholic beverages mediately for 10 days. This is or any other impairing sub- mandatory. No one gets off. stance. The Safe Roads Act of Out-of-state students will have 1983does m uch m ore than raise their privilege to drive in North the drinking age for beer and Carolina suspended for 10days, unfortified wine to 19. We would just the same as students like for the students attending licensed in North Carolina, colleges and universities to be If the magistrate deter- aware of the new law. m ines J oe is too im paired to be Perhaps the best way to ex- released, the m ^gistrate is em - plain faces a fine of up to $500. If ag- Carolina Divison of Motor gravating and mitigating Vehicles would send the report factors balance out, J oe faces a of your conviction to your horn e sentence of 48 hours in jail, 48 state and that state could apply hours community service or 60 the sanction. In any event, days without driving or a com- North Carolina will revoke your bination of all. Additionally, Joe privilege to operate a motor can be fined up to $250. if the mitigating factors outweigh the aggravating factors. Joe faces a jail term of 24 hours, or 24 hours community service or 30 vehicle in this state. If Joe holds a North Carolina provisional license (issued to 16- and 17-year-olds) and is convicted of DWI or days without driving or a com - refuses to take a chem ical test, some of the comprehen- powered under the act to hold bination of all. J oe can be fined or is caught driving with any up to $100. amount of alcohol or any im- Some aggravating factors pairing substance in his system are; grossimpairmentor an AC (excluding prescriptions taken of 0.20or more; especially reck less driving; an accident causing over $500 damage or personal injury; driving while license revoked; two or m ore 3- point motor vehicle offenses within 5 years, or one or more prior convictions of DWI or m ore than 7 years old; speeding sive provisionsof the new law is Joe for up to 24 hours or until a to state a hypothetical case in- responsible, sober adult will volving a student-we will call take responsibility for him. In him Joe-stopped by a State no event may Joib be' held for Highway Patrolman for driving more than 24 hours, under the influence of an im- Next. Joe will have a trial pairing substance. on the charge. If Joe is con- Joe may have been stopped victed of driving while im- at one of the roadblocks law en- paired, the law requires the forcem ent agencies can now es- judge to hold a sentencing tablish under the Safe Roads hearing where Grossly Aggra- Act to check for drunk drivers, voting Drunk Driving (GADD) He may have been stopped factors, aggravating factors because the trooper saw him and mitigating factors are pre J tented bv the prosecutor and posted limit, and passing a drinking a beer while driving, senteo y . j c..hnni h,.c . . • j.fencp attorneys. The judge stopped school bus. UndertheSafeRoadsAct. It IS defense aiiorneys. j s , m net weiffh these factors in im- unlawful for the driver of a mustw g vehicle to consume any posing sentence, alcoholic beverage while (3 ‘^fiving. '' ffonce Under the new law, Joe can p^jor impaired driving 0 be arrested and charged under jn the past seven years, dr' g the single offense of impaired y^jth revoked license for driving. There are no lesser in- impaired offense, causing eluded offenses, such as care- accident resulting in less and reckless driving after injury to another) are pr (tfinking, in the new law; thus, there is a mandatory min there will be no more plea bar- jail term of 14 j saining. There is only one be fined up ' ’ * jQg charge, and it can be proved in GADD factor is Pf®*® mandatory minimum one of two ways; faces a man , .. :-ji and a fine up (1) By showing the driver’s seven days m j in a lawful am ount), his license will be revoked until he is 18. or for 45days,whichever islonger. The law also provides a one- year license revocation if; -An underage person at tempts to purchase or pur chases an alcoholic beverage; -An underage person aids to elude arrest; speeding more or abets another to attempt to than 30milesper hour above the purchase or purchases an alco holic beverage; An underage person at tempts to purchase, purchases or possesses alcholic beverages by using or attempting to use a fraudulent driver’s license or other I.D., or by lending his driver’s license or any other I.D. for that purpose. Some mitigating factors are: slight impairment solely from alcohol. AC of 0.11 or less; slight impairment solely from alcohol and no chemical test available; generally safe driving at time of offense; no serious traffic offenses within past 5 years; impairment caused by lawfully prescribed majority of accidents involving impaired drivers. If Joe is caught for DWI after his license is revoked, he faces forfeiture of his vehicle. Another important aspect of the Safe Roads Act which may affect students is the “Dramshop” provision. Under this provision, negligent sale of beer, wine or liquor to an under age person may subject the sel ler to civil liability if the under age person then consumes the beverage and as a result of consuming the beverage has an accident while driving im paired, This provision led operators of establishments which sell alcoholic beverages to ask for the power to hold a person’s I.D. for a reasonable timetocheck the I.D.’svalidity. The seller must tell the person why he is holding the I.D. In addition to the criminal and administrative sanctions mentioned above, Joe faces a host of other problems arising from a conviction for DWI. If he is a first offender, he will be required to pay for and attend classes at one of the state’s Alcohol D'rug E ducation Traffic Schools. His car insurance will climb precipitously. Whatever it cost before conviction, it will now cost him 395 percent m ore - 395 percent more for three years! It is not worth it to drink and drive. Y our personal costs are too high. The costs to society are too high. If you drink, don’t drive. If you drive, don’t drink. Sincerely, Neman R. Clark If Joe registers 0.20 or more on a chemical test, he will be referred to an appropriate drug; and voluntary submission ^ . .... , public or private facility for to treatment before trial. treatment and counseling. AC If this is Joe’s first im- levels in those ranges are in- paired driving offense, he will dicative of problem drinkers, lose his driving privileges for Problem drinkers cause the i I'l

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