A vehicle accident which occurred in Gaston NC will result in two charges related to impaired driving. Normally one would think that the drivers of two separate vehicles are receiving the charges. However this case is not an ordinary case, as both the people being charged were in the same vehicle. The driver of the vehicle that was involved in the accident and the passenger of the vehicle will be receiving charges related to impaired driving.
The accident happened when the passenger grabbed the steering wheel to navigate the vehicle for a moment while the driver was texting. The driver of the vehicle was sober at the time but the passenger was intoxicated. The passenger was taken to the hospital but will be charged with DWI. The driver of the vehicle will be charged with aiding and abetting a DWI. The law in North Carolina permits someone to be charged with aiding and abetting a DWI if they let an intoxicated person operate the vehicle.
So this blog then begs the question, what is aiding and abetting in North Carolina? Accordingly, there was near two thousand North Carolina resident who were subsequently charged with the crime of aiding and abetting last year alone in the state of North Carolina in violation N.C.G.S. 20-138.1.
The statute specially states that a” defendant aids and abets impaired driving when he knowingly advises, instigates, encourages, or aids another person to drive while impaired and his actions cause or contribute to the commission of the crime. State v. Goode, 350 N.C. 247, 260 (1999).
Essentially, what this law is saying in laymen’s terms is that if you allow another person to operate your vehicle while they are impaired, and you are impaired, and the driver of your vehicle contributes to the crime at hand, which is most likely a DWI, then you too can be charged separately as a defendant in a separate case, simply for allowing the intoxicated person to operate your vehicle while they are above the legal limit.
This charge has become increasingly more common in the state of North Carolina.
If you have been charged with a DWI or an “aiding and abetting” charge in North Carolina, it is important to contact an attorney who understands the law. Our attorneys at Robert J. Reeves, P.C. have experience handling criminal cases in NC and will work tirelessly to defend your case. Contact one of our attorneys today directly by calling 704-499-9000 or toll free 877-374-5999 or you can visit our main page at www.rjrlaw.com for more information.