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Reply

McEvoy arrested, suspended

  • Yeah, please actually read the article before commenting. If you're under 21 and have any alcohol in your system while driving, you get charged. Because, get this...ITS ILLEGAL TO DRINK WHEN YOU'RE UNDER 21! Hard concept for most people, I know.

    Tempest

  • John Whittle said...

    He was driving after consuming alcohol. I feel fairly confident that he was not over the limit or he would have been charged with DUI. He was not charged with DUI. Driving after consuming is a completely different charge, based on everything I've been able to gather. Maybe there's a NC lawyer on this board who can clear it up.

    Driving After Consuming Being Less Than 21

    If you are under 21 and are found to be driving with any amount of alcohol or drugs in your system, you will be cited for a provisional DWI (driving after consuming being less than 21 years of age) and can be convicted of a Class 2 misdemeanor, which is punishable by up to 60 days in county jail. This is actually a separate offense from DWI committed by a person over 21 and carries different penalties. North Carolina has “zero tolerance” laws for drivers under the age of 21. While some states allow a driver under 21 to have up to .02% blood alcohol concentration (BAC), the allowed BAC for underage drivers in North Carolina is 0.0%.

    quietthunder06

  • Interesting NC law. The reason most states don't follow this would be the difficulty in proving he consumed illegal alcohol. For example, he could have consumed Nyquil or another medication that contains alcohol. If there is not an open container in the car, how can they prove he consumed illegal alcohol? Even an open container could have been consumed by someone else in the car.

    bluehose32

  • joetheogre said...

    Suspend him for 2-3 games.

    No way he will miss more than Holloman did, when Holloman was drunk, right?

    I would think he would miss a game. Spurrier is not going to be happy about this, though. He expects more from QB's.

    signature image signature image signature image

    Ally will beat the crap out of Uga.

    steve miller

  • John Whittle said...

    He was driving after consuming alcohol. I feel fairly confident that he was not over the limit or he would have been charged with DUI. He was not charged with DUI. Driving after consuming is a completely different charge, based on everything I've been able to gather. Maybe there's a NC lawyer on this board who can clear it up.

    I can verify this. Under 21, illegal to drive after consuming ANY amount of alcohol.

    ChickenOfNC

  • joetheogre said...

    Suspend him for 2-3 games.

    Suspend him for the season, he isn't playing anyways.

    This post was edited by MrNiceGuy on 7/31/2012 at 12:49 PM

    MrNiceGuy

  • redfisherman said...

    So in NC it's against the law to drive if you have consumed "any" alcohol? They need to install ATM's in the police cars and park outside every restaurant, football game, Episcopal and Catholic Church,........

    You do know that the legal drinking age is 21 right? McEvoy isn't 21 yet.

    MrNiceGuy

  • did he have a roadie? Sometimes you have a bad day and need one.

    @therealmacklin

    Macklin

  • ChrisinStPete said...

    Ill be the first to say this, go hard after hackenburg..

    The only one to say it apparently.

    WKJ_JR

  • this isn't a DUI. He was under legal limit, he's just underrage. this is basically a zero tolerence law, and requies ADSAP class. He will probably lose his license for 90 days. way diff than a DUI.. Just fyi.

    This post was edited by winthropcock on 7/31/2012 at 12:38 PM

    winthropcock

  • I thought it (hackenberg)

    This post was edited by Macklin on 7/31/2012 at 12:42 PM

    @therealmacklin

    Macklin

  • This is a NC law. Anyone under the age of 21, with alcohol in their system while driving, gets this charge. For it not to de a DUI it has to be between .01-.08 blood alcohol level.

    Stupid mistake, but hopefully he can learn from it

    BigRedSpur

  • Mr.NiceGuy said...

    Suspend him for the season, he is redshirting anyways.

    Uhhh....he redshirted last year.

    signature image signature image signature image

    Ally will beat the crap out of Uga.

    steve miller

  • Whittle nailed it...here is the statute if anyone is really that interested...
    20-138.3. Driving by person less than 21 years old after consuming alcohol or drugsCurrentness(a) Offense.--It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.(b) Subject to Implied-Consent Law.--An offense under this section is an alcohol-related offense subject to the implied-consent provisions of G.S. 20-16.2.(b1) Odor Insufficient.--The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.(b2) Alcohol Screening Test. -- Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.(c) Punishment; Effect When Impaired Driving Offense Also Charged.--The offense in this section is a Class 2 misdemeanor. It is not, in any circumstances, a lesser included offense of impaired driving under G.S. 20-138.1, but if a person is convicted under this section and of an offense involving impaired driving arising out of the same transaction, the aggregate punishment imposed by the court may not exceed the maximum applicable to the offense involving impaired driving, and any minimum punishment applicable shall be imposed.(d) Limited Driving Privilege.--A person who is convicted of violating subsection (a) of this section and whose drivers license is revoked solely based on that conviction may apply for a limited driving privilege as provided in G.S. 20-179.3. This subsection shall apply only if the person meets both of the following requirements:(1) Is 18, 19, or 20 years old on the date of the offense.(2) Has not previously been convicted of a violation of this section.The judge may issue the limited driving privilege only if the person meets the eligibility requirements of G.S. 20-179.3, other than the requirement in G.S. 20-179.3(b)(1)c. G.S. 20-179.3(e) shall not apply. All other terms, conditions, and restrictions provided for in G.S. 20-179.3 shall apply. G.S. 20-179.3, rather than this subsection, governs the issuance of a limited driving privilege to a person who is convicted of violating subsection (a) of this section and of driving while impaired as a result of the same transaction.

    N.C. Gen. Stat. Ann. § 20-138.3 (West)

    bennetmp

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    GCock89

  • Pretty sure SC has same law but the threshold is like .02 or something like that.

    You aren't gonna bl

    VBCock

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    signature image signature image

    "You’re either a block-gobbler, a farmer, or you’re a damn hunter and playmaker."

    HellRooster4

  • As Jimmy Buffet once said - “Somewhere there is a woman involved"

    CAPTIVA73

  • steve miller said...

    Uhhh....he redshirted last year.

    I got him crossed up with Nosovitch. His mugshot kind of looks like Nosovitch.

    MrNiceGuy

  • I never drank in college, I never lied , ever. How could he do this? Do other college kids drink or is this a USC qb thing?

    pleasework

  • ChrisinStPete said...

    Ill be the first to say this, go hard after hackenburg..

    In case you haven't heard, Hackenburg has said he intends to honor his commitment to Penn State.

    Kelso Red

  • No big deal imo.

    Jefe5235

  • John Whittle said...

    Maybe there's a NC lawyer on this board who can clear it up.

    Not a NC lawyer, but that is correct. I got the exact same thing when I was 20 (3 months from 21). I blew a 0.02....4x under the legal limit and still received the charge. I had one liquor drink about 4 hours before being pulled over. If I was 3 months older I would have been back on my way. Sucks!

    This post was edited by Stouds1 on 7/31/2012 at 1:39 PM

    signature image signature image signature image

    Stouds1

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    signature image signature image signature image

    Ally will beat the crap out of Uga.

    steve miller

  • John Whittle said...

    He was driving after consuming alcohol. I feel fairly confident that he was not over the limit or he would have been charged with DUI. He was not charged with DUI. Driving after consuming is a completely different charge, based on everything I've been able to gather. Maybe there's a NC lawyer on this board who can clear it up.

    Not a NC lawyer, but I am a NC resident and there is a "zero" tolerance policy her in NC. I heard he blew .02, but he needs to get an attorney familiar with the underage consumption of alcohol laws here in NC. I don't think you can get a "prayer for judgment" anymore. You cannot afford to drink at all if you are underage her in NC. If you blow .01, you will be charged.

    Michael1