I
N.C DUI Law To Be Even Tougher
An Open Letter to Students of Chowan
College On Driving Impaired:
As of October 1,1983, North Carolina
will have a new set of laws to deal with
drivers who operate a vehicle under the
influence of impairing substances.
Much has been made of provisions in
the Safe Roads Act of 1983 to raise the
drinking age and how that affects
students in North Carolina institutions
of higher learning.
There is, however, much else in the
act which will have a profound affect on
students attending colleges and univer
sities in this state. At this writing, the
Senate and House must iron out some
differences on the act, but there is a
general outline of just what the North
Carolina laws will be and what their af
fects will be on students.
Perhaps the best way to explain them
is to follow a hypothetical case
involving a student-we’U call him Joe-
stopped by a State Highway Patrolman
for suspicion of driving under the in
fluence of an impairing substance.
Under the new law, Joe can be ar
rested and charged under the single of
fense of impaired driving. There are no
lesser and included offenses, such as
careless and reckless driving after
drinking, in the new law. There is only
one charge, and it can t>e proved in one
of two ways;
(1) by showing the driver’s physical
or mental faculties are impart by an
impairing substance or;
(2) by showing the driver’s blood
alcohol concentration is 0.10 percent or
more.
If Joe refuses to submit to a chemical
test, his license will be revoked for one
year. He can only apply for limited
driving privileges after serving six
months of the revocation.
If Joe registers 0.10 blood alcohol con
tent or more on a chemical test, he will
be taken before a magistrate and his
license will be immediately suspended
for 10 days. This is mandatory. No one
gets off. Out-of-state students will have
their license suspended for 10 days, just
the same as in-state students.
Next, Joe will get a court hearing on
the charge. If Joe is convicted of driv
ing while impaired, the law requires the
judge to hold a sentencing hearing
where Grossly Aggravating Drunk
Driving (GADD) factors, aggravating
factors and mitigating factors are
presented by the prosecutor and
defense attorneys for the judge to weigh
in imposing sentance.
If two GADD factors (prior impaired
driving offense in past 10 years,
speeding to elude arrest, speeding 25
mph over posted speed limit, driving
with revoked license for impaired of
fense, causing accident resulting in
serious injury to another) are present,
there is a mandatory minimum jail
term of 14 days and Joe can be fined up
to $2,000. If one GADD factor is present,
Joe faces a mandatory minimum seven
days in jail and a fine up to $1,000.
If no GADD factors are present, the
judge weighs the aggravating and
mitigating factors. If aggravating fac
tors outweigh mitigating factors, Joe
can be sentenced to a minimum of 72
hours in jail, or 72 hours of community
service or 90 days without driving or a
combination of all. He also faces a fine
of up to $500. If aggravating and
mitigating factors balance out, Joe
faces a sentence of 48 hours in jail, 48
hours community service or 60 days
without driving or a combination of all
Plus, Joe can be fined up to $250. If the
mitigating factors outweigh the ag
gravating factors, Joe faces a jail term
of 24 hours, or 24 hours of community
service or M days without driving or a
combination of all. Joe can be fined up
to $100.
Some aggravating factors are; Gross
impairment or a blood alcohol concen
tration (BAC) of 0.20 or more; especial
ly reckless driving; accident causing
$500 damage or personal injury; driv
ing while license revoked; refusal to
take chemical test; prior conviction
less than 10 years old; abusive conduct
at or after arrest.
Some mitigating factors are; slight
impairment, BAC of 0.11 or less: slight
impairment and no chemical test
available: generally safe driving at
time of offense; no serious traffic of
fenses within past 5 years; good con
duct at time of arrest, impairment
caused by lawfully prescribed drug,
voluntary submission to treatment
before trial.
If it’s Joe’s first impaired driving
offense, he will lose his driving
privileges for one year. He is eligible
for severely curtailed limited driving
privileges-school, work, maintenance
of household, medical-after he has
served his full sentence. If it’s Joe’s
second offense, he loses his license for
four years. Revocation is permanent
after the third offense^
In matters of license revocation for
out-of-state students. North Carolina
has reciprocity with most states for im
paired driving crimes. The North
Carolina Division of Motor Vehicles
would send the results of your sentence
to your home state and that state would
apply the sanction.
If Joe is under 18 and he registers any
amount of alcohol on a chemical test, he
will lose his license until he turns 18 or
for 45 days, whichever is longer.
If Joe registers 0.20 or more on a
chemical test, he will be referred to the
appropriate public agencies or private
facilities for treatment and counseling.
BAC levels in those ranges are in
dicative of problem drinkers. Problem
drinkers cause the majority of ac
cidents involving impaired drivers.
If Joe is caught driving after his
license is revoked, he faces forfeiture of
his vehicle.
In addition to the criminal and ad-
ministative sanctions mentioned above,
Joe faces a host of other problems aris
ing from a conviction for driving while
impaired. If he is a first offender, he
will be required to go and pay for
schooling at one of the state's Alcohol
Drug Education Traffic Schools. His
car insurance will climb precipitiously.
Whatever it cost before conviction, it
will now cost him 395 percent more.
That increase will be 395 percent each
year for three years.
It is not worth it to drink and drive.
Your 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,
Henian R. Clark
Secretary, N.C. Department
Of Crime Control and Public Safety
Secretary Clark
Volume 14, Number 5
Murfreesboro, North Carolina 27855
May 3, 1983
Graduation Set For Sunday, May 15th
By Wanda Bishop
Sunday, I^y 15, graduation can
didates will line up in the North Colon
nade of the Helms Center for their last
gathering in the gym. Feelings of relief,
apprehension, and sadness will
penetrate the group. A sense of freedom
is followed by a sense of responsibility
that is brought on by that fre^om.
Practices for graduation will be at
4:00 p.m., April 27 and May 4, in the
Helms Center Gym. Final rehersal will
be Sunday morning. May 15, at 9:00.
Those not attending this rehersal can
not participate in the ceremonies.
Caps, gowns, and hoods can be picked
up from the bookstore within two weeks
prior to graduation day. The gowns and
hoods will need airing and pressing.
Men should wear dark suits and shoes
and women wear dresses and dark
shoes.
Baccalaureate Service will besin at
11:00 following the President’s Coffee
Hour in the cafeteria at 9:30. The
speaker for the service will be Dr. Ben
Fisher, retired Executive Director-
Treasurerof the Education Commission
of the Southern Baptist Convention.
Lunch will follow at 12:00 In the
Summer School Offerings
MURFREESBORO, N. C.- Chowan
College will offer 26 courses in nine pro
fessional fields during the first term of
its summer session June 6 - July 8.
Regristration is scheduled for June 6
from 1-4 p.m. in Camp hall. Examina
tions will be held July 8. The second
term will be offered from July 11-Aug.
12.
All facilities - classrooms, men’s and
women’s residence halls, library and
cafeteria - are air conditioned.
Expenses for the four-week term are
$60 tuition per hour, $1500 for room, $215
for meals, and $12 for insurance.
Courses will be offered in the follow
ing professional fields: business,
science, mathematics, religion and
philosophy, history, English, physical
education, social sciences, and
photography.
Dr. B. Franklin Lowe, Jr., Dean of the
College and Summer School Director,
said the normal maximum load per
term is two academic courses plus one
physical education course.
“I would urge all students who will
have deficiencies at the end of Spring
Semester or who want to work ahead to
attend summer school,” said Lowe.
cafeteria. At 1:45 the candidates will
line up for the Conraiencement Ex-
cercises to begin at 2:00. The guest
speaker will be Dr. John Phillips,
F^esident of the National Association of
Independent Colleges and Universities.
(jffADS
Dead
Flowers ?
GAINESVILLE, FL (CPS)-A Univer
sity of Florida student is hoping to
make a little extra money at the end of
the semester by helping disgruntled
students send dead flowers to their
least-favorite professors.
“We figure this will be a big time for
teacher orders,” says Ken Farkas, a
fast-talking finance major at Florida.
“It sure beats filling out teacher
evaluations.”
(Continued on page 2.)
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Chowan's Social Science Club believes in beconr»ing involved in the community. Recently the club purchased bed
ding for 0 local woman who lost all of her posessions in a fire. Sherri Ward, club president, presents the check for
fifty dollars to Alice Sharp, the local director of Choanoke Area Development Association (CADA). Looking on are
Danny Leenas, Nettie Reid, Cindy Stanley, and Dr. John Gosnell, faculty advisor.
Campus
Question:
Whaf are your plans after Chowan?
What are your plans after leaving Chowan in May?
Steve Davis, Murfreesboro: “I’m going to UNC-G for a BA in drama and a minor
in music.”
Evral Price, Washington D.C.: “Hopefully I’ll be attending Howard University
majoring in accounting.”
Calvin Atwell, Charlottesville, VA: “I’m either going to James Madison or the
University of Utah.”
Carl Blair, Roanoke, VA: “Attend a four year university like ECU majoring in
commercial art.”
Keith Lynch, Carmel, NY: “I’m going to ECPI in Norfolk for Computer
Technology.”
Mike Elks, Washington, NC: “Go to ECU and major in commercial art."
Jeff Ervin, Lenoir, NC : “I’ll probably go to Coastal Carolina in Myrtle Beach or
NCA&T”
Rita Bridgett, Windsor, NC: “Tofurther my education at ODU in Norfolk.”
Janet Towle, Greensboro, NC: “I’m going to go to Campbell Universtiy and study
fashion merchandising. ”
Keven Tompson, Raleigh: “Go to N.C. State and major in design"
Charles Davis, Orange, VA: “Continuing my education at a four year institution
studying sports medicine and eventually teach high school.”
Kathy Scott, Waverly, VA: “I will take computer classes at Richard Bland College
at home and work for a lawyer.”
Steve Davis
Evral Price
Calvin Atwell
Carl Blair
Keith Lynch
Mike Elks
Jeff Ervin
Rita Bridgett
Janet Towle
Keven Tompson
Charles Davis
Kathv Scott