Charlotte Criminal Lawyer Blog
Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”
In an odd drunk driving case out of Charlotte, a judge in Mecklenburg County recently accepted a plea deal for a driver only several hours after another judge rejected the identical deal.
The plea deal involved a sad case where a passenger was killed in the car driven by Bairon Sandoval. The accident took place last February and Sandoval was initially charged with felony death by vehicle, DWI and lacking a valid driver’s license. His criminal defense attorney was able to reach a deal with prosecutors who agreed to reduce the charge to involuntary manslaughter in exchange for Sandoval serving between 10 and 20 months behind bars.
Sandoval had admitted that he and several friends had spent the evening drinking in a bar prior to driving home with a friend, 20-year-old Tatiana Rivera. Rivera was killed and two other innocent victims were injured in the accident that occurred after Sandoval ran into a tree near the intersection of Tyvola and Old Pineville Roads. Police officers tested Sandoval’s blood and determined his BAC was 0.10 percent, slightly higher than the state’s 0.08 percent legal limit.
Given that the plea deal had been reached between the prosecutor and Sandoval’s attorney, all that remained was to have a judge sign off on the deal, something that is typically only seen as a formality. Such deals are commonplace and save both sides significant time and money, reducing the risks that are inherent in a criminal trial. Despite the deal already being in place, one judge initially disagreed with the plea arrangement, saying that he was not willing to sign off on such a light sentence given that Sandoval’s drunk driving had directly led to another person’s death.
Police with CMPD say they were assisted by officers at UNCC. The checkpoint took place on Runnymede Lane near Michael Baker Place, close to Myers Park High School. According to a spokesperson, the checkpoint resulted in a total of 48 charges, 21 of which were for driving while intoxicated (DWI). Three of the charges concerned driving with a revoked license, eight were for driving without a license, two were for open container and 14 were for more minor traffic violations such as out of date tags. 
Police say the accident was thankfully not at a high rate of speed, but did cause injuries to the child. Witnesses have revealed that the child was dragged nearly 45 feet before the young driver stopped her car. The child suffered a concussion as well as some cuts and bruises, but is expected to be fine.
The case began back in 2008 when Newman was arrested in Portland for driving with a blood alcohol level greater than 0.08 percent. Newman was charged with drunk driving and had his case move on to trial where his attorney initially floated the idea that sleepdriving at the time of the arrest was the cause and not his client’s knowing decision to get behind the wheel intoxicated. The lower court judge refused to hear the evidence and convicted Newman of drunk driving. It was only after appealing the case to the Oregon Supreme Court that Newman had a chance to make his case.
The campaign was an attempt by law enforcement officials to make the Independence Day holiday a safe one for North Carolinians. Though police officers say they always watch for drunk drivers, the push was especially intense over the holiday weekend because the Fourth of July is often the deadliest holiday for motorists each year. According to AAA, 20 of the 36 traffic deaths that occurred last year in North Carolina were linked to alcohol use.
The accident left two troopers injured as they tried to escape the accident. Willis’ nine-year-old child was thankfully not injured in the accident. Police say when they ran to the car after the accident they were able to detect the smell of alcohol on Willis’ breath and asked him to submit to a breathalyzer test. Willis blew a 0.14 percent BAC, well above North Carolina’s legal limit of 0.08.
McNeely attempted to block the blood test from appearing in court, arguing that the results were illegally obtained. Prosecutors claimed that given the time of night and location of the arrest, that a warrant would have been impractical and taken at least two hours to secure. This delay was unacceptable, in their opinion, given that it might allow enough time for alcohol to leave McNeely’s system.
