Creedmoor, NC asked in Business Law and Traffic Tickets for North Carolina

Q: Can a bar or nightclub serving alcohol report over the mic the locations of all license checks occurring in the area?

Related Topics:
1 Lawyer Answer
Bill Powers
Bill Powers
PREMIUM
Answered
  • Traffic Tickets Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Yes. The bar or nightclub is likely protected by the 1st Amendment of the United States Constitution.

BUT, that doesn't mean there couldn't be some other "comeuppance."

If the ABC permitted business provides that information, knowing it is over-serving its patrons or otherwise encouraging "drunk driving" in North Carolina (DWI or Driving While Impaired), they could be held financially liable under the NC Dram Shop laws.

FTR, you do NOT need to be "drunk" or "drunken driving" to be charged and convicted of impaired driving in NC.

So while likely not technically illegal, it certainly is not smart or legally advisable.

We've seen certain "hard drinking" establishments in Charlotte NC going a bit further, using social media to post checking station or DWI checkpoint information.

Police know that and have several options available, including what are often referred to in court as "Sat Patrols" or saturation patrols, where a concentrated number of officers convene in a pre-selected area for the very purpose of vigorously enforcing the NC DWI laws.

Furthermore, if ABC finds out about it, one shouldn't be surprised if ABC officers start looking into compliance with the alcohol serving laws in North Carolina. ALE Alcohol Law Enforcement would also likely have a keen interest in flouting the laws and over-serving people or serving underage people, which tend to go hand-and-hand.

Bill Powers

CarolinaAttorneys.com - Charlotte NC Lawyers

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.