Court: Ignorance about allergy medicine crime no excuse

Law Firm News

Just because a man previously convicted of methamphetamine-related crimes didn't know it was now illegal for him to buy over-the-counter allergy medicine given his criminal history doesn't mean his rights were violated, a divided North Carolina Supreme Court ruled Friday.

A majority of the seven justices reversed a lower appeals court decision overturning the conviction of Austin Lynn Miller for buying one box of capsules at a Walmart in Boone in early 2014, barely a month after an expanded purchase prohibition law took effect.

Miller was barred from buying anything beyond minuscule amounts of the medicine because it contained pseudoephedrine, which can be used to make meth, due to his 2012 convictions on possession of meth and keeping a car or house to sell controlled substances.

A jury convicted Miller for possessing the allergy medicine. He received a suspended sentence with probation.

State law already required the nonprescription medicine to be kept behind the counter and mandated electronic record keeping to monitor whether a meth lab was buying up the drugs. Often purchasers follow screen prompts saying they understand buying the medicines in large quantities or too frequently is illegal.

Miller's lawyer argued his client's due process rights were violated because he had no knowledge the purchasing law had changed in December 2013 and that he didn't intend to violate the law. There were no signs in pharmacies about the changes, either, the attorney said.

A three-judge panel of the Court of Appeals ruled unanimously in March 2016 the law was unconstitutional as it applied to a convicted felon like Miller who failed to receive notice from the state that their "otherwise lawful conduct is criminalized" unless there's other proof the person knew about the law.

State attorneys argued that Miller's ignorance of the law was no excuse and that it was his intentional action of purchasing the medicine that led to the crime.

Writing the majority opinion, Justice Sam Ervin IV sided with the state and rejected Miller's arguments that the retail purchase was an innocuous act that raised no alarms about whether he was breaking the law.

Related listings

  • 8 judges on Venezuela's Supreme Court hit with US sanctions

    8 judges on Venezuela's Supreme Court hit with US sanctions

    Law Firm News 05/19/2017

    The U.S. imposed a new round of sanctions on high-level Venezuelan officials, this time targeting eight Supreme Court judges that Washington accused of damaging their nation's democracy by steadily stripping the opposition-controlled congress of any ...

  • Court likely to question if Trump's travel ban discriminates

    Court likely to question if Trump's travel ban discriminates

    Law Firm News 05/15/2017

    For the second time in a week, government lawyers will try to persuade a federal appeals court to reinstate President Donald Trump's revised travel ban — and once again, they can expect plenty of questions Monday about whether it was designed to disc...

  • Conservatives fault Arkansas court for halting executions

    Conservatives fault Arkansas court for halting executions

    Law Firm News 04/20/2017

    Arkansas' attempt to carry out its first execution in nearly 12 years wasn't thwarted by the type of liberal activist judge Republicans regularly bemoan here, but instead by a state Supreme Court that's been the focus of expensive campaigns by conser...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our Victorville CA DUI defense attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.

Business News

Indianapolis Personal Injury Law Firm Williams & Piatt are devoted to fighting for the injured. We represent people who have been injured
Criminal Defense Lawyers in Surry County. If you are charged with a criminal offense, please consult with an attorney. >> read