Indecent Exposure: Is it a Crime to be Naked at Home?

A very serious crime in North Carolina is indecent exposure. To prove a basic misdemeanor charge of indecent exposure in North Carolina, the state must show that a person willfully exposed his/her private parts  in a public place while in the presence of another person. I won't go into all the legal definitions of private parts, but I can write that courts have ruled that buttocks are not necessarily a 'private part' (however, I don't encourage anyone to go on a mooning expedition to test the law) and a woman  breastfeeding in public is not a violation. The law is very fact specific. This recent story from Fairfax, Virginia caught my eye; a man was convicted of indecent exposure because he was found walking around his house naked and people saw him through his window. Click here for a link to the story. So, looking at the crime of indecent exposure- is it a crime to be naked at home?

In this story, the defendant Erick Williamson stated that he simply was exercising a "personal freedom" by walking around his house naked. Witnesses for the prosecution stated that he would pose in front of doorways when people walked by. It poses (excuse the pun..) a very interesting legal question of what constitutes a public place. Mr. Williamson's conviction will certainly be appealed. We might also see the Virginia law amended to clarify what constitutes a public place.

 In North Carolina, courts have found that a public place is a place distinguishable from a private place, but not necessarily a place devoted solely to the use of the public. Factually speaking, courts have found that a car in a public parking lot is a public place and a creek embankment adjacent to a backyard was public in nature.

On a side note, you might be surprised to know that  it wasn't until 2005 that North Carolina amended the indecent exposure statute to include people of the same sex. Prior to 2005, the exposure of private parts had to occur in the presence of a person of the opposite sex to be a violation.

Texting While Driving- Illegal in North Carolina

Texting while driving will soon be illegal in North Carolina. The statewide ban on texting while driving officially goes into effect in North Carolina on December 1st. I wrote a blog last August when the law was originally passed addressing how the law was well intended, but poorly thought out. Here is the link to my post "Do U Like 2 Text?"


If found guilty of this offense, you can be fined $100 plus court costs.

Go to Jail for A DWI in North Carolina?

If you or a loved one are facing a DWI, you are probably asking yourself if the possibility of going to jail exists. If going through the arrest process, spending time at the county jail, waiting for your bond to be posted,  getting your vehicle back, and telling family and friends about the incident isn't already enough, you now are asking if you will go to jail for a DWI in North Carolina.

The punishment for a North Carolina DWI will vary from serving no jail time to substantial jail time. A number of the following factors will affect your sentencing:
* whether you have a prior dwi offense
* The breathalyzer or blood alcohol result
* If you had a child in your car under 16 years of age at the time you were arrested
* Your prior driving record
* If you have completed a substance abuse assessment

In North Carolina there are 5 levels of sentencing for a DWI. Depending on a number of factors, including those listed above, will dictate what level you are at and what punishment awaits you.
Level 5: 24 hours to 60 days in jail
Level 4: 48 hours to 120 days
Level 3: 72 hours to 6 months
Level 2: 7 days to 1 year
Level 1: 30 days to 2 years

Before you start to panic, there are many things that can be done to prevent you from going to jail. Many DWI cases are flawed. The District Attorney must proved each element beyond a reasonable doubt. Did the officer see you driving? Did the officer have probable cause to arrest you? Did the officers violate the 4th Amendment when they stopped you at the DWI checkpoint? Were the proper field sobriety tests given? Was the breath machine working properly? Did the District Attorney give you proper legal notice that they were going to admit your breath results at trial? These are only some of the questions that must be answered before a person considers admitting guilt to a DWI in North Carolina. Don't throw the towel in yet- there is a lot that can be done to make sure your rights are protected.

If you ultimately decide to admit guilt, it is important that you are prepared for sentencing. North Carolina has aggravating and mitigating factors that a judge must consider at sentencing. A mitigating factor, like a clean driving record for a period of time or obtaining a substance abuse assessment prior to sentencing, can help decrease your ultimate punishment. An attorney can ask that your jail time be 'suspended', meaning not imposed if you abide by your probation terms. If you have prior DWI's and are facing substantial jail time, an attorney can ask the judge to allow you to serve your jail time in a residential treatment facility where you can continue to work.

New NC Laws: Smoking in Bars, Car DVD players and Beer Samples

North Carolina passed 618 new laws this year. I thought I would highlight some of my personal favorites; Smoking in Bars, Car DVD players and Beer Samples at your local grocery store.

Effective immediately, it is illegal to watch a TV or glance at any TV or DVD player while driving your vehicle. Also banned is gazing at a laptop while driving. However it is still legal to look at your GPS, any navigational system, or audio system in your car. Confused? Lawmakers clarified this by stating video displays "that enhance the driver's view in any direction, inside or outside the vehicle" is legal. So, if I am looking at a map on my laptop- is that illegal?

However, texting and reading email while driving is still legal until December 1st when the new statewide ban takes affect. I wrote an earlier post on this law. I'm still perplexed- As of December 1st, I can't read email while driving but I can type in an address on my cell phone's navigational system and stare at the map without breaking the law.

Beer Samples
Do you enjoy wine samples at the local supermarket? Now you might get a beer sample with that wine sample. Samples will be limited to a 2 oz cup for legal drinkers only. Don't Sample Drink and Drive..

Smoking in Restaurants
This is probably the most controversial one. Starting January 1st, 2010 a restaurant patron will not be able to puff away at any restaurant or bar.

Checkout the Charlotte Observer article for more. There are some good ones- don't be impersonating the Sha Na Na band,  a impersonation that could cost you 15k!
http://www.newsobserver.com/news/local_state/story/120296.html

Do U like 2 Text?

If you are one of millions who love to text and do it while you drive- you might soon have an unwelcomed encounter with a police officer at a traffic stop. On December 1st the new law will go into effect that makes texting while driving illegal. The fine will be $100 plus court costs. On a side note, court costs are currently $121, but as the budget woes are bound to continue, be prepared for those to increase as well.

Ok, so here is my issue with the law- it is still legal to talk on your phone, dial a phone number, and check your messages. You are driving down the interstate and you see the little red light blinking every few seconds on your Blackberry. You reach down and grab your phone, unlock it, and start pressing buttons to check your messages. Officer traveling behind watches you do this. Should the officer pull you over? My long winded point- how does an officer tell if you are dialing a call or sending a text? How is this going to be enforced? Moreover, assume the officer has a strong case you are texting. He pulls you over. Does the officer have grounds to seize the phone? If he does, shouldn't the officer get a search warrant before he is legally permitted to access the history on your phone.

Don't get me wrong, texting while driving is extremely dangerous. A recent study in Britain found that texting while driving is more dangerous than driving while intoxicated. My issue is with the legislature passing a law that sounds great. They can boast about it as an accomplishment when they go for re-election and bombard us with our favorite election commercials. Meanwhile these well intended laws leave a mess for the police, judges, state prosecutors and defense attorneys to work out. More on well intended laws draining state resources later.. Hint.. 3 Strikes, You're Out.