A speeding fine is the bane of motorists everywhere; one that many people take lightly, knowing it will be a minor burden on their wallet.
However, some North Carolina courts have taken an increasingly hard-line stance against speeders and traffic violators.
As such, you may be surprised to learn that you can be arrested for dealing “speed” from your vehicle.
Do you know that most minor violations will drop off of your driving record after seven years?
In North Carolina, dealers/manufacturers of any product sold for the purpose of reducing or preventing both physical and mental fatigue are prohibited from selling their product at retail.
This includes stimulants like caffeine and nicotine as well as legal drugs like Adderall and Ritalin, all common ingredients in “speed”.
Here are some points discussed about You can be Arrested for Dealing “speed” from your Vehicle-
1. What is Speed?
While most people consider “speed” to be amphetamines, in the eyes of North Carolina’s drug laws, speed can refer to a much broader spectrum of substances.
Under North Carolina Code §90-89(a), any substance that promotes wakefulness or energy efficiency can be considered a “stimulant”.
As with caffeine and nicotine, there is no formal definition of “stimulant” in North Carolina law, but it would likely include common drugs like Adderall and Ritalin.
2. What are the Consequences for Violating NC Code §90-89(a)?
If you are caught selling stimulants from your vehicle, you may be charged with violating N.C.G.S. § 90-89(a), which is a Class H felony in the State of North Carolina. If convicted, you could face up to 120 months imprisonment and a fine of up to $25,000.
3. How Can I Defend Myself?
Fortunately for those that have been accused of violating North Carolina Code §90-89(a), there are several ways that you can defend yourself in court.
First, if you have a valid prescription from your doctor for any of these drugs, you should present it as soon as possible to the police or deputy that has stopped you for speeding or traffic violations.
Second, if you are illegally selling stimulants, the police must have probable cause for your arrest in order for you to be found guilty of violating North Carolina Code §90-89(a). If the officer chooses not to present you with a citation (or if you fail to appear in court on your citation), it will be up to a judge/jury whether or not they believe that officer’s testimony.
4. How Can I Legally Deal “Speed”?
If you are found to be in the wrong, consider trying to negotiate the deal. A local pharmacist may be of help in this regard. While it’s likely that the police will not take a deal from you, he may be willing to let you off with a warning or just sell you his “mixture” (or illegal version) at a cheaper cost than what the store will sell it for.
Another option is to try and convict your dealer/customer under North Carolina’s laws on conspiracy.
Whether or not that works depends on what exactly your dealer has conspired with you about. For example, if your dealer was willing to sell you “speed” for a specific price but you refused, then you could be charged with conspiring to commit a felony.
5. Is it Legal to Own an Unregistered Air Rifle?
The answer is “it depends”. While federal law prohibits the possession of any weapon that can be used as a firearm, North Carolina allows its residents to keep any type of “non-powder” air gun or BB gun that they can display in their home (with the approval of their local sheriff’s department). You must possess a permit issued by your local sheriff’s department, however.
6. Can I be Arrested for Driving Under the Influence of Alcohol?
The answer to this question depends on a number of factors. If you operate your vehicle while intoxicated, there is a good chance that you’ll be arrested and charged with DWI.
However, if you are stopped at a “random” roadblock and asked to provide a breath sample or Blood Alcohol Content (BAC) test, there is no way to legally fight it.
7. How Can I Protect Myself from Traffic Violations?
There are several steps that North Carolina residents can take in order to protect themselves from being stopped for traffic violations.
For example, if you are an out-of-state driver, avoid driving on North Carolina roads during rush hour on either the morning or afternoon commute. This is because the chances of being pulled over at these hours increase significantly during those times.