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New North Carolina law bars underage drinking charges for 911 use

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We have frequently covered stories regarding changes to North Carolina law. Recent proposals have been aimed at toughening the state’s laws prohibiting driving while impaired. Other laws, or decisions of the North Carolina Alcohol Beverage Control Commission, have dealt with issues related to controlling underage drinking.

Lawmakers recently passed a law in North Carolina to protect teens from prosecution for underage drinking or drug offenses in a narrow set of circumstances. Last year, more than 1,100 people died from drug overdoses in North Carolina alone. Commentators say that many overdose deaths involve kids. Lawmakers say that the new 911 Good Samaritan law in North Carolina is aimed at trying to save lives related to drug overdoses. The law is aimed at protecting teens who call 911 to report a possible drug overdose situation from being prosecuted for specified offenses.

A spokesperson for the North Carolina Harm Reduction Coalition recently told WTVD-TV News that, “If someone is experiencing a drug overdose or is witnessing a drug overdose and they call 911 they can’t be prosecuted for misdemeanor possession of drugs or paraphernalia or underage drinking.”

The law is fairly limited in scope. It provides criminal immunity from prosecution for alleged misdemeanor drug possession or paraphernalia charges to people who call 911 related to alcohol poisoning or a drug overdose. The person may be the same person who is experiencing the issue, or a witness to the alcohol poisoning or overdose. In cases involving drug possession, the law only protects against prosecution for small amounts of drugs.

The idea has been making its way across the country. Eleven states that previously enacted such protections say that the law is already saving lives. College kids are often afraid to call 911 when an incident arises for fear of being personally prosecuted after the emergency response.

One family who lost a loved one eight years ago is hopeful that the law will save lives in North Carolina. Eight years ago, a 19-year-old college student died of a drug overdose in her dorm room. A friend reportedly waited to call 911 due to fear of prosecution, according to WTVD. Her older brother says that the friend panicked and fled from the dorm room. The older brother is left wondering if the new 911 Good Samaritan law could have saved his sister’s life, but he is encouraged that other lives may indeed be saved in the future.

Source: WTVD-TV News, “Good Samaritan law intended to save lives,” Caitlin Knute, May 21, 2013

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm


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