The holiday season is a time for celebration and joy—it’s also, though, a period when certain legal violations can spike. While it’s not the most festive of thoughts, being aware of common legal pitfalls and recent changes in laws can help you navigate this season safely and avoid costly mistakes.
Below, we’ll explore common holiday-related legal issues, how the laws have changed over the course of the past few years, and how Coolidge Law Firm’s attorneys can help protect you all year round.
Table of Contents
- Driving While Impaired (DWI) in the Holiday Season
- Domestic Violence During the Holidays
- Home Break-Ins and Property Crimes
- Retail Theft and Fraud During the Holidays
- Other Holiday-Related Legal Concerns
- Legal Assistance
- How Our Attorneys Can Help You This Holiday Season
Driving While Impaired (DWI) in the Holiday Season
Driving while impaired (DWI) refers to operating a motor vehicle while under the influence of alcohol, drugs, or any other substances that impair your ability to drive safely. Impairment can include slowed reaction times, poor judgment, reduced coordination, and an inability to focus on the road.
In most states, including North Carolina, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher, though lower limits apply for commercial drivers and drivers under 21. DWI laws also encompass impairment caused by illegal drugs, prescription medications, and even over-the-counter substances if they compromise your driving ability.
During the holidays, law enforcement agencies ramp up DWI checkpoints and patrols across Wake County. Why? Well, because where there are parties, there is usually alcohol, and there is no shortage of holiday gatherings around this time of year. Plus, with the rise of marijuana legalization and increased prescription drug use, impaired driving incidents are becoming more complex.
What’s New in 2024?
Here’s what to keep in mind about DWI charges in 2024.
Marijuana Impairment
While North Carolina has not legalized recreational marijuana, the prevalence of legal medical marijuana and products like delta-8 THC has led to a rise in marijuana-related DWI cases. Unlike alcohol, marijuana impairment is more challenging to measure accurately. Law enforcement may rely on specialized training, field sobriety tests, and blood tests, but the absence of standardized thresholds can complicate prosecutions.
Prescription Drugs
An increasing number of DWI cases involve prescription medications. Medications for anxiety, pain relief, or sleep disorders may impair reaction times and judgment, even if taken as prescribed. Drivers must be cautious about operating a vehicle while on any medication with potential side effects.
How to Stay Safe
If you’ve got a season full of parties ahead of you, make sure to stay safe when getting there and back with these tips.
- Plan ahead by designating a sober driver or using rideshare services.
- Understand the potential impairing effects of any substances you take, including medications.
- Be aware of increased police presence and avoid driving if there’s any question of impairment.
Domestic Violence During the Holidays
Domestic violence is a pattern of abusive behavior used by one person to gain or maintain power and control over another in an intimate relationship. It can take many forms, including physical violence, emotional abuse, sexual assault, financial manipulation, and psychological intimidation.
The holiday season can be a high-stress period, with financial pressures, family tensions, and increased alcohol consumption all serving as potential triggers for disputes. Unfortunately, these factors often lead to a spike in domestic violence incidents.
What’s New in 2024
North Carolina takes domestic violence seriously no matter what time of year it is, with laws and regulations constantly evolving.
Mandatory Arrest Policies
Wake County law enforcement continues to follow strict mandatory arrest policies for domestic violence calls. This means that if officers have probable cause to believe an act of domestic violence occurred, they are required to make an arrest.
Protective Orders
Courts may be more lenient in granting emergency protective orders during the holiday season to ensure victim safety. However, violating such orders can lead to immediate arrest and harsh penalties.
Focus on Repeat Offenders
Prosecutors in Wake County are increasingly focusing on repeat offenders, with enhanced penalties and fewer plea bargains available.
How to Stay Safe
Keep yourself and your family safe with just a few considerations:
- Seek mediation or counseling if tensions arise.
- Avoid excessive alcohol consumption if family conflicts are a concern.
- Know that resources such as hotlines and shelters are available 24/7, even during the holidays.
Home Break-Ins and Property Crimes
Home break-ins and property crimes are some of the most unsettling offenses, as they invade the safety and security of a person’s home or belongings.
The holiday season often sees an uptick in home burglaries and package thefts. Criminals may target homes they know will be vacant during travel or packages left unattended on porches.
What’s New in 2024?
2024 has seen a few changes when it comes to these kinds of crimes.
Surveillance Technology
Law enforcement and homeowners alike are leveraging advanced surveillance technology. Doorbell cameras and neighborhood surveillance networks can deter would-be criminals and provide crucial evidence in the event of a break-in.
Increased Penalties for Repeat Offenders
North Carolina lawmakers have implemented stricter penalties for individuals with prior convictions of burglary or larceny, making repeat offenders eligible for longer prison sentences.
How to Stay Safe
If you’re planning on heading out of town this season, take a few precautions before you go.
- Use timers for lights and electronics to give the appearance of someone being home.
- Arrange for a neighbor or friend to collect mail and packages if you’re traveling.
- Install a security system and make sure it is active during the holiday season.
- Avoid publicizing travel plans on social media.
Retail Theft and Fraud During the Holidays
Retail theft and fraud are significant challenges for businesses, resulting in billions of dollars in losses each year. Retail theft, commonly referred to as shoplifting, involves the illegal taking of merchandise without paying for it. Fraud, on the other hand, encompasses acts such as using counterfeit money, stolen credit cards, or return scams to illegally obtain goods or money.
Shoplifting and credit card fraud are especially common during the holiday shopping rush. Crowded stores and distracted shoppers create opportunities for theft, while the increase in online shopping opens doors for cybercriminals.
What’s New in 2024?
Both in the physical and online shopping realms, theft and fraud are taken more seriously than ever.
Organized Retail Theft
North Carolina has seen a rise in organized retail theft rings, leading to stricter penalties and enhanced enforcement. Charges can now escalate from misdemeanor larceny to felony theft based on the value of goods stolen or evidence of premeditation.
Online Fraud
Prosecutors are cracking down on cybercrimes, including phishing scams and credit card fraud. Enhanced penalties apply to those targeting senior citizens or vulnerable populations.
How to Stay Safe
If you’re worried about theft, keep some of these tips in mind.
- Keep your wallet and phone secure while shopping.
- Monitor your bank and credit card statements for unauthorized transactions.
- Shop on secure websites and be wary of deals that seem too good to be true.
Other Holiday-Related Legal Concerns
While some of these violations are obvious, there are a few holiday-related legal concerns that might come as a surprise.
Public Disturbances
Holiday parties and events can sometimes lead to noise complaints or disorderly conduct charges. Hosting a large gathering? Be mindful of noise levels and ensure that guests do not disturb neighbors or create hazards in common areas.
Fireworks Violations
While fireworks are a staple of New Year’s Eve celebrations, many types of fireworks remain illegal in North Carolina. Violating these laws can result in fines or criminal charges. Be sure to check local ordinances before purchasing or using fireworks.
Trespassing
Caroling or visiting elaborate holiday displays is a beloved tradition, but entering private property without permission can result in trespassing charges. Respect property lines and posted signs.
Legal Assistance
If you’re facing charges this holiday season, seek an experienced attorney as soon as possible. They can help navigate the complexities of changing laws and mitigate potential penalties.
Why Legal Representation Matters
An attorney with knowledge of Wake County laws can analyze the specifics of your case, identify potential defenses, and ensure your rights are protected. Whether dealing with a DWI, domestic violence charge, or property crime, having legal guidance can significantly impact the outcome of your case.
Tailored Advice for Your Situation
Laws around impaired driving, domestic violence, and theft are constantly evolving, and penalties can vary widely based on factors like prior offenses or the specifics of the incident. An experienced attorney can explain how these changes apply to your case and help reduce the impact on your life.
Negotiating with Prosecutors
Many cases can be resolved through negotiations or plea deals, but this requires skill and knowledge of local legal procedures. An attorney familiar with the Wake County court system can work on your behalf to minimize penalties or explore alternative resolutions, such as diversion programs or reduced charges.
Peace of Mind During a Stressful Time
Facing legal challenges during the holidays can be overwhelming, but having a knowledgeable advocate by your side ensures you’re not navigating the process alone. Attorneys can handle complex paperwork, court appearances, and legal strategies while you focus on moving forward.
How Our Attorneys Can Help You This Holiday Season
Want to focus on fun this season? Make sure to be aware of the heightened risks this time of year can bring, so you can stay prepared, present, and peaceful.
If you or a loved one do encounter legal trouble, it’s important to consult with a qualified attorney who understands the nuances of North Carolina law. Stay informed, stay cautious, and enjoy a safe and festive holiday season with the attorneys at Coolidge Law Firm. Contact us today!
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