Coy irt allows immediate release of
By CRYSTAL BERNSTEIN
Staff Writer
People charged with driving while
impaired violations are being released
from jail immediately after charges
are filed in larger numbers than usual
because of three recent N.C. Supreme
Court rulings, court officials say.
The rulings require magistrates to
release them so they can gather
evidence for their defenses.
The three cases involved people
convicted of DWI with breathalyzer
readings of more than .10 blood-
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A model of the municipal building expansion project sits on display In the Chapel Hill Town Hall meeting room
Town hall-expansion pjan -nears completion
By JESSICA LANN1NG
Staff Writer
Members of the Hager, Smith and
Huffman Group of Raleigh continue
to work on finalizing plans for the
expansion of the Chapel Hill munic
ipal building, according to the chair
woman of the Town Hall Expansion
Committee.
"At the moment, architects are
working on final drawings to put out
for bid for construction," said Nancy
Preston, committee chairwoman and
Chapel Hill Town Council member.
Because the building operates
under the state, bidding will be open
to -any construction company inter
ested in working on the project. The
company with the best bid will be
hired, she said.
The building's expansion will add
1 6,500 square feet of space for offices,
meeting rooms and a new council
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alcohol content. People convicted of
a .10 alcohol content lose their
driver's licenses for 10 days.
In two of the Supreme Court cases,
magistrates did not allow the con
victed drivers to leave the jail with
sober adults who had come to take
them home. In the third case, a
magistrate did not allow the defend
ant to take a taxi to his home 30
minutes away where his wife could
supervise his actions.
Robert Farb, a criminal law expert
at the UNC Institute of Government,
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chamber, Preston said.
Project manager Tim Simmons of
the Hager, Smith and Huffman
Group said the three-story addition
will have a main entrance connection
made of glass.
"There will be a continuation of
balconies and lots of space dedicated
to pedestrians," Simmons said.
The design was created by a team
effort of members of the architectural
company, he said.
A model for the building is on
display in the municipal building
meeting room. "Unless we make
changes because of cost, that's how
it will look," Preston said.
. The expansion committee has met
to decide on colors and schemes for
the interior but has not finalized the
plans, she said. She said she hopes
to have a board presentation of the
recommended scheme.
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sent a memo to state magistrates to
notify them that they are required to
release people who are sober enough
not to do others harm. But magis
trates may keep in jail defendants who
are so physically or mentally impaired
that they could harm themselves or
others unless they can be released
on bail to responsible people who can
supervise their actions.
The court ruled that defendants
have a constitutional right to be
released from jail to gather evidence
for their defense. People charged with
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In addition to the new building, the
old space will be renovated to be more
efficient, she said.
Preston said she thinks construc
tion will take a year or more.
According to a memorandum
issued by Preston on July 5, a
construction estimate of $2.5 million
dollars was proposed.
"The estimate is still in that range,"
Simmons said. The architectural
company has done some preliminary
pricing, but they will not know the
exact cost for the project until they
receive bids, he added.
Simmons predicted drawings
would be submitted for construction
companies' bidding by the end of
October.
Bids should be back by the end of
November or early December and
construction could begin as soon as
Christmas, he said.
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DWI have the right to get their breath
and blood tested for alcohol content
elsewhere. Defendants also have the
right to have others witness and judge
their levels of intoxication.
"The point of it was that if you
don't allow other witnesses to see that
' person, you're denying them the right
to that evidence," said Richard
Bircher, a Chapel Hill lawyer.
Lawyers agreed that problems
usually arise when magistrates mis
interpret the law and hold DWI
offenders in jail for too long.
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Assistant town manager Sonya
Loewenthal said the new addition
should make the functioning of the
people who work in the town hall
more efficient and friendlier.
The new building will have a
waiting area for visitors and more
room to accommodate interns and
jobs for University students, she said.
: "The new building will make a
statement that it is an inviting town
hall," Loewenthal said.
"Right now, most people in the
town don't know where the town hall
is," she said. But she said she hopes
the new building will be more visible
to the public.
The people who are most affected
by the construction look forward to
its completion, Loewenthal added. "I
think people who work in this
building are looking forward to the
time they'll finally have space."
A102
Intro, to The Short Story
When Carla told me that my date
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All I could think was, how do I
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So to stall for time, while hgunng
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After some small talk I mean
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Share the feeling.
The Daily
DWI defeodaots
Several DWI cases have been
dismissed following the Supreme
Court decisions. Joel Oakley, a
Greensboro attorney, had one such
case dismissed, but said he expects
he can have almost all of his cases
pertaining to the ruling dismissed.
"The lawyers are waking up now,"
Oakley said. "To hold somebody in
jail, to me, is a punishment . . . you
cant punish somebody until they're
convicted."
Franklin Freeman, director of the
N.C. Administrative Office of the
Courts, said few existing cases would
be affected by the Supreme Court
ruling.
"In the scheme of things, there are
well over 50,000 arrests for DWI,"
he said. "I have heard of only a very
few that have been dismissed."
Courts are dismissing cases now
because magistrates are still unaware
of the rulings, Freeman said. But after
magistrates begin to follow the law
more closely, DWI cases should not
Parking
cation of parking in the proposed
Craige Deck and Health Affairs Deck
2.
The committee's resolutions will go
to Wayne Jones, acting vice chancel
lor for business and finance, and then
to Chancellor Paul Hardin. Hardin
will make the final decision on the
recommendations.
The committee proposed to estab
lish either parking fees for Rams Club
members or a parking fund supported
by the Rams ClubThis would allow
the Rams Club members to help
replace parking spaces and create new
spaces, in return for the parking they
use during special events.
The mandatory inclusion of new
parking into building projects, either
including it in the building project or
paying for the loss of spaces, was the
first proposal on the committee's list.
"I think this clearly ought to be
the first thing in the document to let
them (University administrators)
know that we're seeking long-term
solutions, not just short-term solu
tions," said committee member Tim
Coggins.
Student committee members
expressed concern that student park
ing in proposed parking decks may
be limited even though students will
have paid for deck construction
through higher permit prices. The
committee recommended that the
concerns of all deck users (staff,
faculty and students) should be
considered when allocating parking
spaces on the decks.
The committee passed a proposal
to recover permit fees being used for
. non-transportation activities and use
the funds for a parking deck arid to
" set up an account solely for parking
constnacHld'rrrr"'r ' . - ;
Student proposals to eliminate the
Carroll or the Bynum Caldwell Lot
as a trial night parking lot where main
campus permit holders would park
free and all others would be charged
$2 to park between 5 p.m. and 9 p.m.,
this? I could imagine
ache it I had to walk
knees bent all evening.
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Tar Heel Monday, October 3, 19883
be dismissed on the technicality, he
said. '
"In the long run, I dont see it
affecting the administration of justice
and particularly the administration of
the DWI law adversely," he said.
Critics say they fear the rulings will
prompt magistrates to release DWI
offenders prematurely. Several cases
have been reported in which defend
ants have been released while still
intoxicated and have driven them
selves home.
But Oakley said the rulings were
good. "In my opinion, it should have
always been that way."
Magistrates' had been given too
much power over DWI offenders, he
added. "As DWIs have become
looked upon with more scrutiny by
the public, as the punishment has
gotten greater, the rights of defend
ants have been reduced , . What
other crime can they lock you up for
before you Ve been convicted?"
from page 1
Monday through Thursday, were
defeated by the committee.
Students should not have to pay
to park so they can use the library
because they already pay to use the
library with student fees, Lindsley
said. "Evening parking is a big issue,"
she said. "The fact that students may
have to pay $2 to come and use the
library is something I think is
ridiculous."
The committee also resolved to
"encourage" University departments
to use a two-mile radius when
detennining holders of parking per
mits. No one living within the radius
would be given a parking permit
except in hardship cases.
Faculty members noted that most
departments already have stringent
requirements for deterrnining permit
ownership. "Most departments are
already dealing with a parking
shortage," said John Florin, geo
graphy department chairman and
substitute for committee member
Audreye Johnson at Friday's
meeting.
"I very much favor a radius for
faculty, staff and commuting students
alike," said Jay Rosenberg, philo
sophy department chairman. "The
point I want to stress is that resident
students fall within any such radius,"
Rosenberg said.
"For faculty, staff and commuting
students, it is not simply a quality-of-life
issue. We have duties and
responsibilities that we cannot fulfill
unless we have access to our work
place. Resident students are able to
fulfill their obligations without a car."
Resident students should be
- allowed to have their cars near their
residence halls, Lindsley said. , v
"The only problem I have with that
is that he didn't consider that dorms
are students homes," Lindsley said.
She pointed out that faculty members
are not required to park several miles
from their homes, as sophomores will
have to next year.
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