Up and Coming Weekly is a weekly publication in Fayetteville, NC and Fort Bragg, NC area offering local news, views, arts, entertainment and community event and business information.
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OPINION by HANS VOGEL .08 Is the Law, but Impairment Starts Much Earlier promote the greater good and to make our communities safer places to live. Though progress has been made, impaired driving continues to defy solution and remains a serious local problem that tragically affects many citizens annually. When a person's sensibility fails to restrain them from exceeding boundaries which have been established by the law, it becomes the responsibility of the judicial system to address the matter in a fair and rational manner; without bias or Laws refl ect the moral values of society and impose limits in order to "It is not necessary for the state to prove that the defendant was appreciably impaired, uncooperative or driving in an unsafe manner in order to prove that defendant is guilty of a violation of N.C. Gen Stat. 20-138.1(a2). To prove guilt, the state need only show that the defendant had an alcohol concentration of 0.08. Why then I ask, when I monitor Cumberland County's traffi c court, is it not uncommon to hear a "not guilty" verdict for defendants who have been shown to have an alcohol concentration of 0.08 or 0.09 by a valid test, administered in compliance with all statutory and regulatory procedures? Is it the consequence of "good lawyering", the result of weak favoritism. Unwarranted leniency on the part of the system puts us all at risk. In North Carolina, the offense of driving while impaired (General Statute 20-138.1) may be proved in one of two ways when an individual drives a vehicle (as defi ned by statute) on a highway, street or public vehicular area. Both of the following conditions do not need to be present in order for a conviction: "appreciably impaired" by alcohol, a controlled substance, or another drug/ psychoactive substance. To convict on the basis of this prong, the amount of the impairing substance which has been consumed is not relevant. 2. By showing that the driver's alcohol concentration is 0.08 or more at 1. By showing that the driver's physical or mental faculties have been prosecution or possibly an arbitrary desire on the part of the court to "not ruin" the defendants record in hopes they'll take it upon themselves to change their ways? Alcohol is a central nervous system depressant which impacts, among other things, one's ability to concentrate, multitask, see clearly and react at a concentration signifi cantly below the current "legal" limit of 0.08. Well documented studies show substantial crash risks exist at an alcohol concentration of 0.05. any relevant time after the driving. To convict on the basis of this prong, whether or not the driver showed outward signs of impairment is not relevant as clarifi ed by the court of appeals in State v. Arrington (August 16, 2011), COMMUNITY NEWS a STAFF REPORT COMMUNITY NEWS Jabali Afrika to Perform at FTCC Fayetteville Technical Community College's Student Government Association and the Global Education Committee will host Jabali Afrika at the Fayetteville campus with two special events on Monday, April 23. An educational session will take place at Cumberland Hall Auditorium at 11 a.m. and a concert at 7:30 p.m. at Horace Sisk Gymnasium. Both events are free and open to the public. Jabali Afrika originates from East Africa's Kenya. Their musical performance refl ects a unique mixture and special fusion of African rhythms. Members of the multi-faceted band are adept at composing songs, playing a variety of instruments and blending their voices, and are also talented dancers and choreographers. Jabali Afrika has toured Europe and Japan extensively and has played major festivals across the United States. The group has performed in Mr. Rogers' Neighborhood, Good Morning America, BET and MTV as well as many domestic and international television programs including the British Broadcasting Service (BBC) and Radio France International. The group also performed at the Reebok Human Rights Awards at the Winter Olympic Games 2002 in Salt Lake City, Utah. During the educational session, members of Jabali Afrika will share some of their life experiences in Kenya as well as an overview of the political, economic, social and tribal factors that impact the lives of Kenyans. Jabali Afrika has been heavily involved in humanitarian efforts in Kenya and has received numerous awards for their work. Much of their music refl ects the ongoing struggle that ordinary Kenyans experience as they strive for political independence and economic improvement. Questions about the Jabali Afrika events to be held at FTCC on April 23, may WWW.UPANDCOMINGWEEKLY.COM be directed to Gerald Daniel, FTCC director of Student Activities, at (910) 678- 8385 or at danielg@faytechcc.edu. Local Volunteer Honored On most days, you can fi nd retiree Ed Bala at Ponderosa Elementary School of Mathematics in Fayetteville, N.C. He's been volunteering there for more than 12 years, remaining long after his own two children moved onto other schools. His resume is long and varied — classroom volunteer, fi ve-time PTO president, chess club enthusiast, communications specialist — but it's the joie de vivre infusing all he does that endears him to students, staff and parents alike. Bala currently holds the position of PTO secretary, although he admits he's not much into titles. "If there's something that needs to be done, I'll step up and do it," he says. Whether it's as mundane as sharpening pencils or as involved as creating a reading incentive program, Bala is up to the task. "For me, the smile on someone's face says it all. For someone to come up and say thanks for letting me know about that upcoming event or...I didn't know my child was doing this in school. That's it … That says it all for me." A way to nationally honor parent volunteers like Bala for their tireless efforts in their own local communities, the Superstar Volunteers program is a joint effort from SBLI and PTO Today that commends those who are the fi rst to raise their hands, and the last ones to leave — the unassuming volunteers who truly deserve a round of applause and superstar status that extends beyond their school walls. "Parent volunteers like Ed are so important to the success of our schools," says PTO Today founder, Tim Sullivan. "Not only do they provide important support for teachers and staff, they also help create a sense of community that encourages students and teachers alike to do their best work. We're proud to partner with SBLI to honor these deserving volunteers, who give their all to make our schools succeed." APRIL 11-17, 2012 UCW 5 No one drives as well as usual after drinking alcohol, even though some people may look and act as though they are unaffected. So why then does the court appear to tolerate violations of this law? I am not a prohibitionist and have limited objection to someone who drinks, but then follows a plan which does not place themselves behind the wheel of a vehicle. Years ago, I took less interest in the issue of impaired driving as it did not seem to concern me. However, that has all changed. I now know fi rst hand what it feels like to lose a loved one to a drunk driver. Hopefully you will never have to share the experience, but chances are you may if impaired driving is not more stringently addressed as the public safety hazard and potentially violent crime it is. HANS VOGEL, Community Court Activist. Comments? Editor@ upandcomingweekly.com