Woman Found Not Guilty of Speeding, DWI Using Rare Defense
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Superior Court Judge John O. Craig III had an unusual session of Superior Court last week in Carthage.
Two criminal trials that came before him were rare, he said more than once from the bench.
In one trial, Christine Black admitted she was speeding. But her attorney, Eddie Meacham, relied on the extremely rare and difficult-to-prove "defense of necessity."
She said she had to drive almost 80 mph despite -having drunk too much wine and beer, because she was rushing her son to the emergency room and feared he might die on the way. Under a state law drawn from the ancient common law, a crime is "excused" if the criminal act is necessary to protect life or limb or health.
The jury wound up agreeing with Black, finding her not guilty
In the other case, Dana Scales insisted on acting as her own lawyer handling a jury trial of her appeal of a conviction in District Court for an altercation with two Pinehurst police officers. She wasn't as fortunate, with the jury convicting her.
One trial followed the other, each taking about a day to try.
Meacham and Assistant District Attorney David Bjorlin said they had never taken part in a case like the one against Black. Craig himself took note from the bench of the rarity and difficulty of a necessity defense.
Both sides agreed that Black had been speeding and driving while impaired as charged. A Pinehurst police officer had tracked Black at 79 mph in a 55-mph zone and measured her blood alcohol at .14, well above the .08 legal limit. Black cooperated with the officer and said she actually had been drinking and speeding, according to the testimony.
"There is no disagreement as to what happened," Bjorlin told the jury in the state's opening argument. "In February 2008, Sgt. Tina Sheppard, on N.C. 211 near Moore Regional Hospital, observed the defendant make an odd turn at high speed, 79 in a 45, jump out of her car at the emergency room door, leaving the car door open. Her breath tested .14, which is almost double the legal limit. The only question is whether her circumstances were mitigating or an actual defense."
He said the evidence would show Black had other choices that night, and that her offenses were not reasonable and necessary.
Black's 16-year-old son had been very ill the week before, Meacham told the jury. After a trip to the emergency room at the hospital, she had been advised to watch him and seek medical attention immediately if pain returned.
Everything was fine for several days, but late Tuesday night of the following week, after his mother had drunk a glass of wine preparing dinner and several beers while cleaning the kitchen and doing laundry, she saw her son bent over with pain and gasping for breath, Meacham said. Her son told her he could not breathe and that he thought he was dying.
Black put him in the car and sped to the hospital, according to the testimony. Once there, she struggled into the ER with him, leaving the motor running, both doors open and her pocketbook in the car.
In her testimony, Sheppard backed up everything Black said on the stand. She said she saw Black help her son get into the emergency room and the car left running with its doors open. She said that after Black returned to move the vehicle, she detected the smell of alcohol. The officer performed the breath test and arrested Black.
In his closing arguments, Bjorlin asked why Black could not have called 911 or asked her mother, who lived virtually next door, to drive the boy to the hospital. The state argued that Black's actions were illegal, potentially threatened other lives and were not necessary.
Meacham posted a card on a stand in front of the jury box containing the words from a case ruling describing the necessity defense: "A person is excused from criminal liability if he acts under a duress of circumstances to protect life or limb or health in a reasonable manner and with no other acceptable choice."
That is exactly what happened here, Meacham told the jury.
"We have no issue with the officer," he said. "She did exactly what she was supposed to do. If we had a law that did not accept necessity, you would not want to be part of that society. Was there any other acceptable choice? There is only one true verdict."
In her testimony, Black told of having to call 911 five months earlier to get help for her elderly grandfather, who had fallen and was bleeding from the mouth and unconscious. It took EMS 35 minutes to arrive, she told the jury.
By car, she had brought her son to the hospital in "four, maybe five minutes," she testified.
Meacham, laying aside notes he had prepared earlier, looked at the jurors and asked them to rely on their common sense and life experience.
"You can just feel she is not guilty," Meacham said. "You have a mother taking care of her baby. You have an immediate response. ... We have a life-or-death situation. Yes, she could call 911, or dial a family member. She could watch her son die while she waited. Is a DWI conviction more important to the state of North Carolina than the death of a child? That is as urgent as it gets."
After the jury reached its verdicts, Craig complimented Bjorlin and Meacham on the way they represented both sides in such an unusual case.
"I think both of you did a fine job with a novel and interesting question," Craig said.
Contact John Chappell at (910) 783-5841 or by e-mail at jchappell@thepilot.com.
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Comments
ASU88 3 years, 2 months ago
The officer did her job...the lawyer's did their job...and the jury did their job. Enough said! As they say in the City Barber shop..."Who's next"? I hope her son was alright! Sometimes you gotta do what you gotta do to protect the ones you love! I would have made arrangements to make sure the mother and son had a sober driver to take them back home. Where is Andy G. logic when you need it. Laws are made to be followed and her lawyer did a great job in case study to make sure all laws were considered in this case. Pinehurst PD is a very professional department and this officer took an oath to serve and protect the citizens of Pinehurst and I'm sure she was following SOP's of her department.
pilotreader 3 years, 2 months ago
Anyone else find it strange that the cop simply sat and observed this woman "struggling" into the emergency room with her teenage son instead of trying to help her in an emergency situation and then subsequently questioning and arresting. Classy.
dustyrhoades 3 years, 2 months ago
Even as a defense lawyer (and, in the interest of full disclosure, a friend of Eddie Meacham) it's hard for me to blame the officer. In the current witch-hunt hysteria that surrounds the whole DWI issue, an officer who smelled alcohol on someone she knew was driving and didn't make the arrest would probably be subject to disciplinary action.
I definitely think everyone in the system--officers, DA's, and judges--should have more discretion to use their common sense. But the law is written to restrict that discretion. And they keep tightening those screws because no one in Raleigh has the will to stand up and say "Enough."
dustyrhoades 3 years, 2 months ago
"The officer did her job...the lawyer's did their job...and the jury did their job. Enough said!"
Yep.
JohnChappell 3 years, 2 months ago
Do we really want police deciding when and whether to enforce laws?
In court, attorneys for both sides as well as the judge praised this officer for her professional, courteous behavior that night.
According to testimony, the mother raced to the ER where she leapt from behind the wheel (leaving the door open, motor running, pocketbook behind) to run around the car, get her son out and through the doors into the hospital ASAP.
I feel pretty sure the officer would have helped if there had been time. All this happened very quickly, according to what was said in court — and courts are the proper fora.
The prosecutor posed relevant questions about whether other, safer choices were available that night to this mother.
“I can think of four,” Bjorlin said, and listed them for jurors to consider. Meacham’s picture of the mother's sense of urgency apparently proved more persuasive.
All along I kept thinking of Jack Aubrey’s words from the Master and Commander novels:
“There is not a moment to lose.”
dustyrhoades 3 years, 2 months ago
"Do we really want police deciding when and whether to enforce laws? "
They already do that all the time with other crimes, John. I'm reminded of the Andy Griffith episode where Barney was left in charge, decided to enforce every law and ordinance to the letter, and threw the whole town into an uproar.
ladylane 3 years, 2 months ago
All is well!
runorbike 3 years, 2 months ago
I'm not a drinker of alcohol (because I'm watching my carbs :) ), but I would've done the same thing as Ms. Black. If I know I can get to the ER before EMS will arrive, I'm halfway there already.
BettyAnn 3 years, 2 months ago
As a mother and grandmother all I can say is if in those "4-5 mins" it took to get to the hospital she had harmed another innocent person would she still be innocent by law?
workingmom 3 years, 2 months ago
Wow, now I see expatriate really does not have a live!
LB67 3 years, 2 months ago
can't help but wonder, if her son had been sick enough to go to the er the week before and was told to watch him and seek medical attention immediately if pain returned, why then was she drinking so much anyway, a glass of wine with dinner maybe but not after drinking several beers knowing that he was still sick
dustyrhoades 3 years, 2 months ago
Just to clarify: I'm certainly not comparing the officer here to ol' Barn. Just pointing out that officers often use discretion in charging, but, as I said, they're not allowed much in DWI cases.
dogboy 3 years, 2 months ago
...hmmmm how did Ms. Black get home after being ticketed for a DWI.
wannabeserver 3 years, 2 months ago
ex,, wow,, a man who hates all.. peace , old guy.. thats some hatred you have,, hope im not around when you decide to take a few out,,hope you have a great day, stimulate yourself,, if you get my meaning,, takes off the edge
CharlieOneHorse 3 years, 2 months ago
.14 BAC Level....glass of wine and a couple beers....nope....just don't compute...Let's think about this....you are driving with your child in your vehicle and this lady just happens to rear-end you. Now you are hurt and so is your child.............or maybe a death results in this accident....Would this change your opinion?
RmeMP 3 years, 2 months ago
It's called fight or flight, it's a decision that a parent made on what she believed was the best course of action to try and help her son. I, as a parent, can not be mad at her in taking action into her own hands in doing what she felt she had to do for the sake of her child. Id drinking and driving a good thing to do? NO, of course not. Under the circumstances, it can be excusable - as proven by the outcome of this case. "What if's" come in all shapes and sizes, and apply to every decision every person makes throughout their lives - let's not try to discuss things that didn't happen. BTW charlieonehorse, as an intoxilizer certified individual myself, you shouldn't say things you don't understand = BAC levels...
poncho 3 years, 2 months ago
This is soo dammmmnnn funny, I love it, bitch, bitch, bitch. OMG!
Red5 3 years, 2 months ago
I hate that no one was there to teach the DRUNK lady to dial 911 when when her son needed to go to the hospital. We have laws to stop people from hurting themselfs snd others. The officer did her job if anything the DRUNK lady should thank the officer. Expartriate you need to remember the next time your drunk and out for a ride just tell the cops your going to the hospital and see what happends.
dustyrhoades 3 years, 2 months ago
"@dustyrhoades: I liked you better when you were wrestling! "
That joke gets funnier every time I hear it.
RmeMP 3 years, 2 months ago
@red5: Did you just happen to miss this paragraph from the story,
"In her testimony, Black told of having to call 911 five months earlier to get help for her elderly grandfather, who had fallen and was bleeding from the mouth and unconscious. It took EMS 35 minutes to arrive, she told the jury."
NO good parent would risk having their child die in front of their own eyes if they have a chance to prevent it. After her previous experiance with local EMS, I for one can't blame her... As I said earlier, drinking and driving under normal circumstances is wrong - period; having to rush your dieing child to the E.R. after consuming alcohol is understandable, it's not like a parent plans when their child is going to possibly die... How about you put yourself in her shoes?
suzie01 3 years, 2 months ago
Seems we are making excuses for driving drunk while speeding let's think about a few what ifs. Would any of us be brave enough to say, she done the right thing if their family were killed or seriously injuried by a person with a blood alcohol level of .14 almost twice the legal limit in NC? Even those who seem to be in support of the driver would certainly be bashing law enforcement as well as the court system if that driver was found not guilty. There is no excuse for a mother to be that impaired knowing she has a sick child at home who may need medical attention in a moments notice. Was DSS notified of this parent's lack of responsiblility? It may be something they should review and follow up on.
CharlieOneHorse 3 years, 2 months ago
RmeMP..........Breathalyzer 900 and 900A Intoxilyzer 3000 certified for at least 20 yrs...........31 years of law enforcement ....I was doing chemical analysis when your head was the size of a grape....plus I have studied under Borkenstein...........enuff said on my part..........
mooremedic 3 years, 2 months ago
I know which lawyer I want if I were to get a DWI!!!....couple things about this whole story:
1-First of all the lady was driving drunk, the officer arrested her..if anything else had occurred these same people would be throwing a fit. (And the officer is far from being a rookie)
2-Did anyone even check to see what type of illness or how serious the condition was?....the child had already been seen in the ED and released home.
3-Did she really have an incident where EMS took 35 minutes to reach her home?...This county has a great EMS system, that is looked highly upon by other providers and hospitals in the state. And EMS brings the treatment to you, not requiring you to drive recklessly to arrive at the Hospital in lightning speed. In that area of the county the normal response time for an ambulance is less than 10 minutes for all calls, emergency and non emergency, so I'd go with the averages and call 911 vs driving drunk.
4- And finally I would more likely to believe that her state of intoxication led to her misguided judgement to endanger the lives of not only her son and herself but also to the other thousands of drivers that travel our streets everyday. .14 BAC normally does not come from one or two drinks, and most people do not function at a normal level when they are that intoxicated. There are obviously exceptions to every rule....
but it really doesn't matter what is said or done here on this public forum because she won her case, and her and her attorney are happy.....now to prepare for the massive increase in these same type of arguments and to wonder how many cases will be dug back up.....
RmeMP 3 years, 2 months ago
@charlieonehorse: you said, ".14 BAC Level....glass of wine and a couple beers....nope....just don't compute..." correct?
Let me ask you something "expert", do you know how much this woman weighs? Do you know how many ounces her glass of wine held? Do you know many "a few beers" is to this one particular human being? Do you have any idea about the amount of time she used to consume said alcohol? Let me answer all those questions for you "o great one" - NO YOU DON'T KNOW ANY OF THOSE ANSWERS! Therefore, you have ABSOLUTELY no right in saying "it doesn't compute"...
I doubt your certifications 100%, for if you know anything about alcohol and the effects it has on each individual perosn, with millions of variables, then you wouldn't be running your "beaters". I would further like to suggest that you may need to stay in the rest home your in, because based on MY experiance - you may be starting to go senile...
LB67 3 years, 2 months ago
the article says " after his mother had drunk a glass of wine preparing dinner and several beers while cleaning the kitchen and doing laundry" several, meaning 3 or more plus a glass of wine, how well a person can handle that much to drink depends a lot on how often they drink and as expatriate pointed out how much she weighs. I'm with susie01, she should not have been drinking that much knowing she has a sick child at home who had already been to the ER a week before, the dr told her to watch him and seek medical attention immediately if pain returned.
CharlieOneHorse 3 years, 2 months ago
RmeMP .Borkenstein (Robert F.) invented the breathalyzer...did not mean to get you all upset about this matter.....or anyone else....just expressing a suggestions..........You guys can have it.....way too serious for me.... Out of here..............and everybody make it a great day
mooremedic 3 years, 2 months ago
i'm with you charlieonehorse....I think your posts were taken out of the context you intended. Regardless of any of the variables she was legally too intoxicated to drive a vehicle in the state of NC. Alcohol affects people differently, and I know alcoholics that would blow way higher than .14 any given moment of the day and you wouldn't be able to tell they weren't completely sober.....and i've seen little skinny women that couldn't stand up after only blowing .05....but now if anyone wants to really see how many drinks PER HOUR that it takes to make yourself blow .08 or higher then take a breathalyser class and see for yourself...i'm sure you would be very surprised at the results...
mooremedic 3 years, 2 months ago
@mooremedic: Taken out of context? Well, let's revisit the context:
Actually, this time you're in the clear....I wasn't talking about you or that post...it was a previous post...
busymoma 3 years, 2 months ago
@expatriate --If you hate everyone and everything in Moore County so much, then why dont you just move?? One day you are going to find yourself in need of services from one of these fine officers you bash all of the time. Now wont that be a humbling experience..
RmeMP 3 years, 2 months ago
@expat: dang brother, how are you going to quote me 4 posts up, when it was charlieonehorse who was trying to glorify himself? I think you mistakenly confused us - much to my displeasure; c'mon man, take it back - lol
TheNeedle 3 years, 2 months ago
I think there should be a prohibition against posting on message boards while intoxicated. Many of the posters here appear to be either drunk or brain damaged.
wicker 3 years, 2 months ago
So many people on here are full of hate. If you spell something wrong or don't agree with someone, here comes the hate. I'm not talking about everyone on here but most. Do you sit and do nothing all day except comment on Pilot articles and spread hate?? And we wonder what's wrong with our country?
wicker 3 years, 2 months ago
Flactem- no need to apologize. If I wrote something and someone attacked what I was saying, I would get upset too. I know we need to disagree sometimes but some people take it too far. I do get a kick reading some of the posts. And yes, our local law enforcement do a great job for little money. No one is going to be perfect and please all of us. That is part of life.
Red5 3 years, 2 months ago
Folks she was drunk and got away with it this time. I'm just glad she didn't kill anyone or herself.
Red5 3 years, 2 months ago
@expatriate It sounds like you have a real problem with law enforcement. Then again after looking at some of your posts it looks like you have problems with everything and everyone. I feel sorry for people like yourself that can't be happy with anything.
AprilF 3 years, 2 months ago
WOW, so many responses and so many different opinions. It's good to see so many folks read The Pilot.
As the mother of a 20 year old daughter and a 16 year old son, I was a single parent for years. That being said, my chances of drinking were slim to none because of this such an occasion. I always tried to be prepared as a single mom that IF one of my children had an emergency WHO would take them to the ER if I had drank several beers? Now that my children are older I still do not drink even one beer because it's not only my children what I worry for but also others who may come into my path.
Red5 3 years, 2 months ago
@expatriate How is the officer abuseing her authority? The lady was speeding 79mph in a 55 zone. The lady was impaired and used poor judgement herself to drive after she had been drinking. The lady's 16-year-old son had been very ill the week before. She had been advised to watch him and seek medical attention immediately if pain returned. So the big qustion is why drink if your taking care of your kid that may need to go back to the hospital? The officer did her job bottom line.
Red5 3 years, 2 months ago
expatriate@ You can ask Eddie Meacham I bet he would say it was really worth it. You never told all of us how this big bad officer abused her authority and used poor judgement.
By the way if all you have left as a comeback is "whatever" then you need something new to talk about.
ASU88 3 years, 2 months ago
To quote one of my New York friends, "Enough already" Next case for the jury bloggers!
LB67 3 years, 2 months ago
The court system is broken, not just in Moore county but everywhere, officers are trying to do their jobs, people go to court and get a slap on the wrist, it is the court that is actually wasting time
tneal14 3 years, 2 months ago
Red5 said -
How is the officer abuseing her authority? The lady was speeding 79mph in a 55 zone. The lady was impaired and used poor judgement herself to drive after she had been drinking. The lady's 16-year-old son had been very ill the week before. She had been advised to watch him and seek medical attention immediately if pain returned. So the big qustion is why drink if your taking care of your kid that may need to go back to the hospital? The officer did her job bottom line.
Bingo! That pretty much sums it up.
Red5 3 years, 2 months ago
expatriate,
I understand you don't like police officers and thats ok this is the USA. I also know that in any group of people you will have both good and bad in a group. I feel we have very good police officers overall. If you do have a problem with a officer you should go to the Chief. For you to dislike all police officers it's almost like saying you hate all "white or black" people because you had a bad experience one time.
If you would please tell us how the officer used poor judgement.
Red5 3 years, 2 months ago
expatriate
All I asked for from you was to tell me how the officer used poor judgement? If that qustion is to hard for you then I will try to ask it in a way that you may understand. What did the officer do that was wrong?
I'm just fine with anyone being upset with a police officer that is bad or who abuses their authority but you need to be able to show where the officer was wrong. I am very sorry if you feel that I have bullyed you or leaned on you in any way. I just wanted you to back up some of the trash you talk. Oh by the way I'm not a member of the feared LEO. That's what I'm talking about you have no idea or facts and you just like to run down anyone with a view other that your own.