Under 21 DWI in NC
DWI vs Driving after Consuming in NC
The "Driving after Consuming" charge only applies to those under age 21, and does not require any actual impairment due to alcohol. In fact any BAC of 0.01 or above can result in the charge. Someone under age 21 can be charged with both DWI and driving after consuming if they were in fact impaired. A DWI charge is basically automatic for a BAC of 0.08 or above. Each charge for first time offenders is a misdemeanor with similar consequences despite DWI having its own special sentencing guidelines.
Is Marijuana legal in NC?
Although currently illegal, North Carolina seems to propose legislation to make weed legal on an annual basis. The latest attempt is NC Senate Bill 58 that would decriminalize possession of up to 3 ounces of marijuana for personal use. Those convicted in the past would even be eligible to go back and have their record expunged. WSOC TV 9 in Charlotte recently did an interview with NC House Bill 766 legislature sponsors who spoke of the need to unclog the jails with people charged with possession of small amounts of marijuana.
Is Marijuana legal under federal law?
Even though several states including Washington. DC have decriminalized marijuana in some capacity it is still technically illegal under federal law. At the moment the federal government appears to see the writing on the wall and is simply choosing to not interfere with states that have chosen to decriminalize personal use. Because of long standing federal law that could be enforced at any moment many banks refuse to work with pot dispensaries and hence most operate as a cash only business. In fact there is actually bipartisan support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act which would essentially allow states to decide the fact of marijuana within their borders. Both President Trump and Attorney General William Barr have signaled support for the legislation. Passage of this may embolden many states to act that were hesitant to openly defy federal law.
NC Raise the Age Law
What are the expected benefits of the raise the age law?
What age can a child decide which parent to live with in NC?
There is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.
After reflection, NCGS 50-13.01 appears to be the first baby step in NC to join many other states looking to create a hard presumption of equal or joint custody when both parents are capable of sharing that responsibility. Whether 50/50 custody is a realistic possibility in your case mainly depends on what county you live in and what Judge is assigned to your case. To some counties and Judges they approach any custody dispute with a predefined idea of what “best interest” means. Some judges simply favor joint custody and others do not consider 50/50 custody a viable option. No matter if you are a mother or father the prospect of a judge given essentially unchecked power to decide your rights regarding your child is a frightening idea.
What does it mean to have 50 50 custody?
Equal custody means different things to different people. The two types of custody are physical and legal custody. The difference between physical and legal custody in NC is that legal custody goes to who can make decisions affecting the health and welfare of the child whereas physical custody goes to where the child lives and sleeps at night. A true 50-50 custody generally means the parents share joint legal and joint physical custody meaning no major decision can be made except by agreement and the minor child spends an equal amount of time or overnights with each parent.