Narcan Opiate Overdose Emergency Kits Available for FREE

The Harm Reduction Coalition of of Asheville is providing much needed Narcan kits for those in need in Asheville.  They have kits that consist of two vials of Narcan and syringes with instructions, and they have a few kits of Narcan Auto injectors, for people who are not comfortable with needles.   You can buy Narcan kits at Pharmacies, but the auto injector kits are expensive, running $700-$800 .  This is life saving technology available for free.

Confidential Contacts for information and kits.

What is Narcan™ (naloxone)?

Narcan™ (naloxone) is an opiate antidote. Opioids include heroin and prescription pain pills like morphine, codeine, oxycodone, methadone and Vicodin. When a person is overdosing on an opioid, breathing can slow down or stop and it can very hard to wake them from this state. Narcan™ (naloxone) is a prescription medicine that blocks the effects of opioids and reverses an overdose. It cannot be used to get a person high. If given to a person who has not taken opioids, it will not have any effect on him or her, since there is no opioid overdose to reverse.

How does Narcan™ (naloxone) work? 

If a person has taken opioids and is then given Narcan™ (naloxone), the opioids will be knocked out of the opiate receptors in the brain. Narcan™ (naloxone) can help even if opioids are taken with alcohol or other drugs. After a dose of  Narcan™ (naloxone), the person should begin to breathe more normally and it will become easier to wake them. It is very important to give help to an overdosing person right away. Brain damage can occur within only a few minutes of an opioid overdose as the result of a lack of oxygen to the brain. Narcan™ (naloxone) gives concerned helpers a window of opportunity to save a life by providing extra time to call 911 and carry out rescue breathing and first aid until emergency medical help arrives.

Doesn’t a person need to be a medical professional to be able to spot a serious overdose and give Narcan™?  Research has shown that with basic training, nonmedical professionals, such as friends, family members or even concerned bystanders, can recognize when an overdose is occurring and give Narcan™ (naloxone), and in North Carolina, you are protected from civil liability for giving Narcan by the Good Samaritan Law.

 NCGS § 90-96.2 Good Samaritan/ Naloxone Access law, effective April 9, 2013, states that individuals who experience a drug overdose or persons who witness an overdose and seek help for the victim can no longer be prosecuted for possession of small amounts of drugs, paraphernalia, or underage drinking.  The purpose of the law is to remove the fear of criminal repercussions for calling 911 to report an overdose, and to instead focus efforts on getting help to the victim. The Naloxone Access portion of  NCGS § 90-96.2 removes civil liabilities from doctors who prescribe and bystanders who administer naloxone, or Narcan, an opiate antidote which reverses drug overdose from opiates, thereby saving the life of the victim.  NCGS § 90-96.2 also allows community based organizations to dispense Narcan under the guidance of a medical provider. As a result, officers may encounter people who use opiates and their loved ones carrying overdose reversal kits that may include Narcan vials, 3cc syringes, rescue breathing masks and alcohol pads.

Is the use of naloxone by non-medical people controversial?

No.  Recently the American Medical Association endorsed the training of lay people in the use of Narcan (naloxone) to prevent overdoses.  Also the director of Office of National Drug Control Policy,Gil Kerlikowski (the U.S. Drug Czar), remarked that naloxone distribution is a key component of overdose prevention.

Can Narcan™ (naloxone) harm a person?       

No. Narcan™ (naloxone) only affects people who are using opioids. If a person is not having an overdose but has been using opioids, Narcan™ (naloxone) will put them into immediate withdrawal. This can be very uncomfortable for the person, but is not life threatening.

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Taking your Driver’s License, even for a moment, may be Unconstitutional

  At 11:30 p.m. on 30 April 2012, Lilesville Police Chief Bobby Gallimore was on patrol. He noticed a parked car in a gravel area near Highway 74, and stopped to see if the driver needed assistance. Before approaching the car, Chief Gallimore ran the vehicle’s license plate through his computer and was advised that the car was owned by Keith Leak (defendant). Chief Gallimore spoke with defendant, who told him that he did not need assistance, and had pulled off the road to return a text message. Chief Gallimore then asked to see defendant’s driver’s license, and determined that the name on the license – Keith Leak – matched the information he had obtained concerning the car’s license plate. After examining defendant’s driver’s license, Chief Gallimore took it to his patrol vehicle to investigate the status of defendant’s driver’s license. It was undisputed that Chief Gallimore had no suspicion that defendant was involved in criminal activity. Defendant remained in his car while Chief Gallimore ran a check on his license and confirmed that his license was valid. However, the computer search revealed that there was an outstanding 2007 warrant for defendant’s arrest. Chief Gallimore asked defendant to step out of his car, at which point, defendant informed Chief Gallimore that he “had a .22 pistol in his pocket.” Defendant was arrested for possession of a firearm by a convicted felon; the record does not indicate whether defendant was ever prosecuted for the offense alleged in the 2007 arrest warrant State v. Leak (whole case.) TLDR: Court of Appeals (with a dissent) held that the defendant’s Fourth Amendment rights were violated when an officer, who had approached the defendant’s legally parked car without reasonable suspicion, took the defendant’s driver’s license to his patrol vehicle. This does not mean checkpoints are now illegal. Checkpoints are still legal, even though they are by definition, stops absent reasonable suspicion, because they are specifically authorized by statute, as long as they follow the applicable law. Read more "Taking your Driver’s License, even for a moment, may be Unconstitutional"

A dog sniff that prolongs the time reasonably required for a traffic stop violates the Fourth Amendment.

Rodriguez v. United States, 575 U.S. __ (April 21, 2015). A dog sniff that prolongs the time reasonably required for a traffic stop violates the Fourth Amendment. After an officer completed a traffic stop, including issuing the driver a warning ticket and returning all documents, the officer asked for permission to walk his police dog around the vehicle. The driver said no. Nevertheless, the officer instructed the driver to turn off his car, exit the vehicle and wait for a second officer. When the second officer arrived, the first officer retrieved his dog and led it around the car, during which time the dog alerted to the presence of drugs. A search of the vehicle revealed a large bag of methamphetamine. All told, 7-8 minutes elapsed from the time the officer issued the written warning until the dog’s alert. The defendant was charged with a drug crime and unsuccessfully moved to suppress the evidence seized from his car, arguing that the officer prolonged the traffic stop without reasonable suspicion to conduct the dog sniff. The defendant was convicted and appealed. The Eighth Circuit held that the de minimus extension of the stop was permissible. The Supreme Court granted certiorari “to resolve a division among lower courts on the question whether police routinely may extend an otherwise-completed traffic stop, absent reasonable suspicion, in order to conduct a dog sniff.”

The Court reasoned that an officer may conduct certain unrelated checks during an otherwise lawful traffic stop, but “he may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual.” The Court noted that during a traffic stop, beyond determining whether to issue a traffic ticket, an officer’s mission includes “ordinary inquiries incident to [the traffic] stop” such as checking the driver’s license, determining whether the driver has outstanding warrants, and inspecting the automobile’s registration and proof of insurance. It explained: “These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly.” A dog sniff by contrast “is a measure aimed at detect[ing] evidence of ordinary criminal wrongdoing.” (quotation omitted). It continued: “Lacking the same close connection to roadway safety as the ordinary inquiries, a dog sniff is not fairly characterized as part of the officer’s traffic mission.”

Noting that the Eighth Circuit’s de minimus rule relied heavily on Pennsylvania v. Mimms, 434 U.S. 106 (1977) (per curiam) (reasoning that the government’s “legitimate and weighty” interest in officer safety outweighs the “de minimis” additional intrusion of requiring a driver, already lawfully stopped, to exit the vehicle), the Court distinguished Mimms:

Unlike a general interest in criminal enforcement, however, the government’s officer safety interest stems from the mission of the stop itself. Traffic stops are “especially fraught with danger to police officers,” so an officer may need to take certain negligibly burdensome precautions in order to complete his mission safely. On-scene investigation into other crimes, however, detours from that mission. So too do safety precautions taken in order to facilitate such detours. Thus, even assuming that the imposition here was no more intrusive than the exit order in Mimms, the dog sniff could not be justified on the same basis. Highway and officer safety are interests different in kind from the Government’s endeavor to detect crime in general or drug trafficking in particular. (citations omitted)

The Court went on to reject the Government’s argument that an officer may “incremental[ly]” prolong a stop to conduct a dog sniff so long as the officer is reasonably diligent in pursuing the traffic-related purpose of the stop, and the overall duration of the stop remains reasonable in relation to the duration of other traffic stops involving similar circumstances. The Court dismissed the notion that “by completing all traffic-related tasks expeditiously, an officer can earn bonus time to pursue an unrelated criminal investigation.” It continued:

If an officer can complete traffic-based inquiries expeditiously, then that is the amount of “time reasonably required to complete [the stop’s] mission.” As we said in Caballes and reiterate today, a traffic stop “prolonged beyond” that point is “unlawful.” The critical question, then, is not whether the dog sniff occurs before or after the officer issues a ticket . . . but whether conducting the sniff “prolongs”—i.e., adds time to—“the stop”. (citations omitted).

In this case, the trial court ruled that the defendant’s detention for the dog sniff was not independently supported by individualized suspicion. Because the Court of Appeals did not review that determination the Court remanded for a determination by that court as to whether reasonable suspicion of criminal activity justified detaining the defendant beyond completion of the traffic infraction investigation.

Author:

Jessica Smith

W. R. Kenan, Jr. Distinguished Professor

School of Government

The University of North Carolina at Chapel Hill

CB 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.966.4105  |  http://www.sog.unc.edu/user/150

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Expunctions, how do they work? What is a PJC?

Contrary to common belief, a PJC (Prayer for Judgment Continued) does not solve every problem.  They are not a silver bullet.  They are very helpful with certain kinds of traffic tickets, but they also indefinitely postpone a final judgment in a criminal case.  This can really hurt your future.  Without a final judgment, there cannot be an expunction. You should know that opportunities to expunge a criminal record in North Carolina are relatively rare. Instead, criminal records eligible for expunction in North Carolina are generally limited to the following three categories:
  • A first-time, nonviolent offense committed more than 15 years ago
  • A first-time offense committed under age 18/22
  • A charge that was dismissed or disposed “not guilty”
A CRIMINAL RECORD often gives rise to significant barriers to gainful employment, affordable housing, family unification, and a variety of other benefits and opportunities essential to productive citizenship. In North Carolina, an expunction is the destruction of a criminal record by court order. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. With rare exception, when an individual is granted an expunction, he or she may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred. The primary exception to this is for purposes of federal immigration. Please see North Carolina General Statutes §15A-151 for other exceptions. This summary provides details of the following twelve expunction statutes:
  • Juvenile Record………………………………… NCGS §7B-3200
  • Misdemeanor Under Age 18…………………… NCGS §15A-145
  • Gang Offense Under Age 18…………………… NCGS §15A-145.1
  • Controlled Substance Under Age 22 …………… NCGS §15A-145.2
  • Toxic Vapors Under Age 22……………............. NCGS §15A-145.3
  • Nonviolent Felony Under Age 18……….……… NCGS §15A-145.4
  • Nonviolent Offense…………………………...... NCGS §15A-145.5
  • Prostitution Offense………………………......... NCGS §15A-145.6
  • Charge Resulting in Dismissal or Not Guilty ….. NCGS §15A-146
  • Identity Theft………………………………….... NCGS §15A-147
  • DNA Records………………………………....... NCGS §15A-148
  • Pardon of Innocence……………………………. NCGS §15A-149
In addition, this summary provides the following information and resources:
  • Certificates of Relief……………………………. NCGS §15A-173
  • Indigent Fee Waiver
  • Steps to Submitting a Petition for Expunction
  • How to Read an ACIS Criminal Record Report
  • Petition for Expunction of Nonviolent Offense, Sample
  • Petition for Expunction of Dismissed Charges, Sample
  • Petitioner’s Affidavit, Worksheet
  • Affidavit of Good Character, Worksheet
  • Affidavit of Good Character
More information and source material. Questions?  Contact us and the attorneys at David R. Payne law firm would be happy to speak with you. Read more "Expunctions, how do they work? What is a PJC?"

Should you give breath sample? 3 of3

Part 3 of 3 DWIs are tough,  but you don’t have to face it alone.  Call us after hours at 828-393-3000 for a consultation. Driving Related DWI Itemized Costs and Suspensions.   Pretrial Limited Driving Privilege
  • $100.00 Paid 10 Days After Charge To: Clerk of Court
  • Purpose: If license is revoked for 30 days, the pretrial limited driving privilege allows for limited purposes for the final 20 days of the civil revocation.
30 Day Civil Restoration Fee
  • $100.00 Paid 30 Days After Charge to: Clerk of Court
  • Purpose: To Get License Back 30 Days After DWI Charge
Post-trial Limited Driving Privilege
  • $100.00 upon  Conviction or When Eligible to: Clerk of Court
  • Purpose: Allows driving for specific limited purposes during the period your license is revoked for the DWI conviction
Ignition Interlock System
  • Installation Cost: Approximately $75.00 Monthly Cost: Approximately $75.00 to: Installation Company
  • Purpose: Driving may only be allowed with an interlock system
License Restoration Fees
  • $50.00-$100.00 Upon Restoration of Driver’s License (Following Revocation for Refusal or DWI Conviction) to: NC DMV
  • Purpose: Restore Driver’s License
Court Fees Fine & DWI Fee
  • When you plead guilty or are found guilty of DWI Fine Allowed by Statute: Up to $10,000.00 Typical DWI Cost: $200.00 – $500.00
  • Payable to: Clerk of Court
Court Costs
  • When you plead guilty or are found guilty of DWI Cost: $190.00
  • Payable to: Clerk of Court
Jail Fee
  • When you plead guilty or are found guilty of DWI you must pay jail fees Cost: $40.00 Per Day in Jail
  • Payable to: Clerk of Court
Community Service Fee
  • When you plead guilty or are found guilty of DWI Cost: $250.00
  • Payable to: Clerk of Court
Lab Fees for Blood Cases
  • When you plead guilty or are found guilty of DWI Cost: $600.00
  • Payable to: Clerk of Court
Supervised Probation Fees
  • Schedule Determined by Probation Set-up Cost: $40.00
  • Monthly Fee: $40.00
  • Payable to: Clerk of Court
Alcohol Assessment and Treatment Assessment:
  •  At Assessment Cost: $100.00
  • Payable to: Agency Performing Assessment
Treatment:
  • Time of Payment: Determined by Agency
  • Typical Cost: $160.00 – $800.00
  • Payable to: Agency Conducting Treatment
  High Risk Insurance after you plead guilty or are found guilty of DWI is expensive.  Your insurance cost will increase by as much as 340% for example, if you pay $300 now, you will pay $1320 afterwards.  Collision, comprehensive coverage may be difficult to find, and it may cost more than outlined by the department of insurance.  DWI is a 12 point offense that results in your automatically losing your license for one year.  It is possible to get a limited privilege to drive after you plead guilty or are found guilty of DWI, but that requires a court order, and you must carry that order also known as a “paper license” with you when you drive.       Read more "Should you give breath sample? 3 of3"

Should you give a breath sample when you are stopped for DWI? Part 1 of 3

  Blow or No? You must decide for yourself.  But you don’t have to do it alone.  Call us after hours at 828-393-3000 for a consultation. The Blood Alcohol Content (BAC) is the most important evidence against you in a DWI case.  Drinking and driving is not illegal in North Carolina.  Driving while impaired is. “ Impaired” is defined two ways: .08 or higher within a relevant time after driving, or being “appreciably impaired”, which means impaired to the extent that is capable of being noticed or observed, to the extent that it impairs either your mental or physical faculties or both.  It is possible to be convicted for DWI even if your BAC is less than .08, if you are appreciably impaired, and it happens in Buncombe County. Police use two different breath tests – one is optional and one is mandatory.  alcosensor IIIThe optional one is a small handheld unit and the numerical results are not admissible in court to prove a DWI.  (The results ARE admissible to prove under-age consumption of alcohol.)  The mandatory testing unit is a large machine typically kept at the jail or police station called an intoximeter.  It is a flat metal box with a tube that you blow into.  Those results of that test are admissible in court, and that is the test that counts.  You have the right to refuse the mandatory test, but if you do, your driver’s license will be revoked a year, even if you are not convicted, and the fact that you refused will be admissible in your criminal trial.    Always be polite and cooperative, but understand that you have the legal right to refuse all roadside testing without having your license revoked.  Once you get to the intoximeter at the jail, you have to decide if you will refuse to mandatory testing at the cost of losing your license for one year. ecirii-breath-test     The police may also ask for a blood sample to test for drugs. Any amount of Schedule I drugs (Opiates, Heroin, LSD, Psilocybin, MDA, Mescaline, et. cetera) along with the officer’s observations may be sufficient to prove DWI.   They will also ask for a blood test for Alcohol or drugs by the SBI if you are hospitalized during the investigation. They will charge you $600 for lab fees if you are convicted.  You have the right to refuse that blood test, but if you do, your driver’s license will be revoked a year, even if you are not convicted.  Police may skip the State blood test and ask the hospital directly for your medical records.  HIPAA regulations allow law enforcement officers to request your medical records directly from your provider, even if you don't consent.   [embed]https://www.youtube.com/watch?v=pEgEUN8ddfA[/embed] Contact us. [contact-form subject='blog contact'][contact-field label='Name' type='name' required='1'/][contact-field label='Email' type='email' required='1'/][contact-field label='Comment' type='textarea' required='1'/][/contact-form] Read more "Should you give a breath sample when you are stopped for DWI? Part 1 of 3"