KURE BEACH, NC (WWAY)-- The cops pulled him over after spotting him driving with no front tire. Investigators say Charles Holden, son of former Southport Mayor Norman Holden, admitted he had been drinking and was under the influence of prescription drugs. But in May - a New Hanover County judge found him not guilty of driving while impaired. A viewer of ours just brought the case to our attention.
On January 16th 2009, Kure Beach Lieutenant Paul Hubbard responded to a call about an SUV driving on three tires and one rim. Lieutenant Hubbard pulled over Charles Holden. According to Hubbard's report he immediately detected the odor of an alcoholic beverage on Holden's breath. Hubbard says Holden's speech was slurred and his eyes were red and glassy.
Holden performed and failed several field sobriety tests. He was arrested and taken back to the Carolina Beach Police Station. Even though Holden failed the field sobriety tests, which were captured on the police dash cam, when he got back to the station he blew a .06. However, they say alcohol wasn't the only drug affecting his abilities.
According to the report Holden admitted to taking the prescription drug Lorazapam in addition to drinking. He was aware the drug should not be taken with alcohol and understood he should not drive while taking the drug. He also admitted to being recognized as the "mayor's son" during a previous DWI arrest in which, the charges were dropped even though he'd consumed alcohol and taken about 14 prescription drugs.
“If you don't heed those warnings about not operating machinery or not operating motor vehicles and you get behind the wheel of a car, you can injure somebody just as easily as if you had consumed alcohol,” said Lieutenant Paul Hubbard.
Lieutenant Hubbard testified when the case was heard in May. According to witnesses so did Charles Holden's father Norman, who picked up his son the night of the incident, but Norman, the former Southport Mayor, denied testifying on his son's behalf.
Judge John Carroll heard the case. Despite Holden admitting to taking the prescription drugs, failing the field sobriety tests, and driving about a mile on the rim of his car, Judge Carroll found Holden not guilty.
We couldn't reach Charles Holden for comment and Judge Carroll did not return our phone calls.
Holden's criminal record shows at least three DWI convictions. He's also been found guilty of communicating threats.
EDITOR'S NOTE - WHILE HOLDEN WAS PULLED OVER IN JANUARY 2009, HIS CASE DIDN'T GO BEFORE JUDGE CARROLL UNTIL MAY OF THIS YEAR.
Completely IGNORANT
Completely IGNORANT statement. Maybe you should brush up on DWI law before you become so EMPHATIC on here.
Kure Beach Police bad reputation
I see this is in " Kure Beach " known for extreme cruelty & vicious lies. Go talk to the senior citizen that they maliciously charged with DWI & accused her of not blowing HARD enough in the breath machine when it said ZERO point ZERO several times that she blew into it. The speed limit is 25 ? That guy could plow me over on that busted tire! Somethings up down there, the cops live in very very expensive houses.
"Very expensive houses"... I
"Very expensive houses"... I would like to add that most of these cops don't even live on the beach, but get to take the cruiser to and from work on the taxpayers' gas card. Any KB cops in Wood's Edge (Monkey Junction), Magnolia Greens (Leland), or Gordon Woods (Ogden) know what I'm talking about? How about the CBPD SUV I see southbound on river road every morning at 630? I'm taking notes, and taking pictures...
Is Thump the Kure Beach cop that hates this Judge ?
Thump is calling out Judge as POS? but then describing where the cops live? Hmmmmm .
No different
Wilmington Police Department, Carolina Police Department and New Hanover Sheriff's Department all allow some officers to drive home patrol cars. It isn't something special only for Kure Beach officers. As soon as they are in the cars on the way to work they are available for calls unlike officers that drive their personal vehicles.
Former Mayor's Son
Correctt. The law is .08 and if Mr. Holden blew .06 he is not legally drunk. However, in combination with drugs (perscription or otherwise) is he "under the influence"?
And driving on three tires and a rim? Perhaps Officer Hubbard considered this to not be in the best interest of public safety and Mr. Holden's as well.
I wish all of you knew the law....
I wish that all of you knew the law before speaking on it...The law changed to DWI so that it would cover exactly these types of cases...Driving While Impaired...While Impaired is the key...how many things out there in the world make a driver impaired...Benadryl, NyQuil...being sleepy...all are examples of being impaired and having your faculties impaired enough to be charged with this crime...the fact that this driver registered a .06 on the Intoxilyzer is just a piece of evidence, just as the report, the officer's observations, the speech, the eyes, the odor, and the performance on a field sobriety test. Just based upon the story presented here, I find it amazing that he was found not guilty, but the presumed way of thinking for most judges and lawyers is that if you do not register a .08 or greater then you are not guilty of DWI when in fact that is wrong. Someone high on cocaine will register .00 on a breath test but I don't believe anyone will argue that the person is not impaired.
Is there more to this sad and dangerous story?
Did the prosecutor's office error or is there more to this story?
Honey just look to your
Honey just look to your Chief of Police for all the answers, He's THA MAN ! Ask him for his officers salaries too! Inquiring minds wanna know how such a small town gets their funding for so many officers ??
yes ..officer let him leave
yes ..officer let him leave with license in hand, he could have driven home
Torn acl walks with a limp
open heart surgery....Doctor's notes for both conditons..
GPS on company van with hard core evidence of him stopping 3 times.
Judge Carroll had to dismiss it or it would have gone to an appeal due to all the evidence the defense had...
He did have a dang good Attorney!! But the hard core evidence he had was so good...
OH and it's election time!!!!!
Marion Warren did not release him he plead guilty and does not have license now . He was not released from no DWI's in Brunswick County.
He completed all classes and attends couciling and been to Walter B. Jones... and has paid all his fines...
Mr. Holden's record appears
Mr. Holden's record appears to be a little more than what is reported here... assault on a female? resisting arrest?
http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offender...
And now Mr. Holden faces a felony charge for threatening an offical from the court system too?
http://www1.aoc.state.nc.us/www/calendars.Offense.do?submit=submit&case=...
I suppose the only thing that is more interesting than all of the domestic violence protective orders filed against him, would be all of the DWI's that Judge Marion Warren dropped against the former Mayors son. I have to wonder if any of this could be linked to Brunswick ADA Erin Holden? I always wondered what that smell is at lowtide at Waterfront park.
Power and money corrupt
Something stinky in Brunswick County courtrooms.....well, I'll be...shocked.....NOT!!!
This has been going on for years. I am so surprised that the MADD organization doesn't get behind these judges and make sure everyone knows their records come election time.
It could be your family that becomes a victim to these people constantly being "let off" on DWI........we should all be mad as hell about this. It is a little too late once they have killed or seriously injured someone folks!!!
It's all in who you
It's all in who you know...Judge Carroll should give us the reasons for the not guilty verdict... after he works for us...
keep pressing this WWAYTV3.com..
your reporting seem to get answers...
When the drunken fool...
If this guy kills someone driving around drunk, let's hope the judge goes first.
Black eye for local judge
It is clearly evident that Charles Holden is a CHRONIC driving while impaired offender , who has not learned his lesson . Local enforcement has done their job only to be betrayed by Judge John Carroll. Given that he is a chronic offender , there is a very high probability this man could kill someone or be involved in a serious accident with innocent people. Future actions by this man will be reflected back upon the judge.There WILL be future incidents because Mr. Holden has poor judgement and appears not to be making an effort to straighten his life out. Whom ever your father may be in life does not excuse your behavior or accountability. If you want to be the " Otis Campbell " of your community maybe your father can work out an arrangement with the police chief of Southport. As for Judge John Carroll , in all honsety when I step into the voting booth to vote for judges , seldom do I have enough background information to make an informed decision. When you have a case that reflects poor decision making , it leaves a lasting impression with me and makes my decision easier through a process of elimination !
Mr. Holden has completed
Mr. Holden has completed rehab at Walter B. Jones, counseling, DWI classes and he has competely turn his life around. Mr. Holden has no Driver licenses......He has completely trurned his life around and he continues to go to meeting..
NOTE: THIS IS TWO YEARS OLD.. He HAS changed his life ...
Great person had a really bad time 2yrs with a a divorce , Open heart surgery..
you don't know
you don't know him very well.... quit making excuses for this dumba**!!! or maybe you will be the one that he takes out the next time he is on the road drinking and driving and snorting and popping... think about that and stop making excuses for this moron.
So, how do you explain the
So, how do you explain the DWI's for 2009 and 2010? And the assault on a female and the other offenses within the last two years? Exactly when did this angel decide to turn his life around. Yesterday?
Not so fast...
http://www1.aoc.state.nc.us/www/calendars.Offense.do?submit=submit&case=...
A felony conviction on this one will ensure violation of his probation. I am thinking about starting a collection to get him a soap on the rope just in time for Christmas at NCDOC. any donations?
Why are you taking pop shots at this guy..
He's admitted everything and your not saying nothing he hasn't said. He told the truth like I posted last night. He appeared to be the best person for a law officer to pull over at 2am. He was calm didn't resist he told the the truth.
But did you notice the first topic today...This is two different people in this video...watch it one has a dark jacket on and they don't show his face and in another shot he has on a cream light colored jacket on and they show his face...both appear to be handcuff...
This a shot at Judge Carroll
This a shot at Judge Carroll not Mr. Holden.. Mr. Holden used his attorney to present the evidence. Plus if your on Probation for DWI you can't drink or drug they are drug tested right often and he don't have drivers license he can't drive. And per the law if he has 3 DWI convections he can't get his licenses back for a couple of years. So, you don't have to worry about this guy driving around.. On the other arrest I don't know much about it but most likely it won't be heard by these set of DA's. Brunswick County has two guys running. One thing happens at election time such as all the Oak Island arrest. The people going out will turn over and continue everything so the new DA will have to handle this. Every elected offical does this. If you are leaving your position, what do you care to turn over to the next set of DA's..
Mr. Holden volunteered to go
Mr. Holden volunteered to go to Walter B. Jones Rhab in Apirl 2010
where he received counseling, trigger points, and coping skills.
He return home with a 1 year recovery plan. Which includes counceling and attending meetings. and he was placed on Naltrexone anti alcohol med.
He returned with his plan in place and follows the guidelines of the plan.
Then he went to court for the other DWI's and plead guilty.
Mr. Holden has already completed all required DWI classes
Mr. Holden has to Attend AA meetings in which he does
Mr. Holden has already paid all his fines
Mr. Holden is on probation and is monitored by his PO
and is tested randomly.
He cannot drink any alcohol while on PO and in addition he would get sick due to the Med for drinking he is on..
Mr Holden has not drank any alcohol since March of 2010.
Mr. Holden cannot drive no license
The most import things he said he learned... was to change people ,places and things....In which as a good friend of his he has done all of this.....
People in Brunwick county do not know what is available to them. and to where these people that need help don't get.
The BIGGEST thing Mr. Holden had to do was to decide on his own to do it....He now has about 7 months sober. You have got to start and make the decision to do it......Mr. Holden has and in a continuing recovery plan...That his councelor, from his rehab, gave him to follow....
...He's done really well since March 2010, before that yes but you have to I am going to do this and Just Do It...7 months sober is a hell of a start...
Volunteered?
You didn't volunteer Dean, it was part of your sentencing and failure to comply with it would violate your probation and send you back to jail, Again. So go on and play your good angel game right now, and I pray it works for you this time. But the fact remains, you have been and for a long time, will be, a danger to whoever is in your path. Good Luck.
The fact
his father is a "Former" Mayor is not a significant issue.
The fact the Gentleman had 3 prior DWI convictions is a very significant issue. Regardless of the time frame during which these 3 convictions were obtained, he clearly has no concern about drinking & driving.
So he gets pulled over when he's driving on 3 tires & a wheel rim. Fails field sobriety tests. Admits drinking & using a prescription drug which should not be used with alcohol.
And the end result is a free walk.
Voters should remember and consider this when Judge Carroll next stands for re-election.
The Senate & House members should be blasted with emails and letters calling for stronger DWI legislation in an attempt to get folks like this, the Dairy Queen DWI receipient, and the Wrightsville Beach huffer off the road for a long tine.
I love it Tom - you are
I love it Tom - you are actually hoping Carroll gets voted out? Carroll is a Republican. So you'll vote for his Democrat challenger?
I used to work in the criminal justice system, although it has been a couple of years. Carroll was definitely not the judge that "judge shopping" attorneys wanted hearing their cases. If Judge Carroll found the guy not guilty, there must have been some compelling reason. Judge Carroll is an honorable man, and is a reservist who served in the JAG court when called to duty.
I never said all
Republicans were perfect. Were they, I would try to walk across the Intracoastal on my way home.
Clearly something is out of wack here. Was it the Judge or the Defendant? Or the Police?
On another note, so many post on here with "inside information" or street gossip.
I wonder how many of them are registered to vote? And of that number, how many will find time to vote?
I would bet that most who
I would bet that most who are criticizing the judge know nothing about the case except what was written here, which is hardly a complete picture. Did the ADA present a good case? Did the police officer present himself well in his testimony, or did he seem confused or disorganized? Did the police take blood samples to find out what drugs were in Holden's system? Were all the police reports filled out correctly?
Most DWI's plead guilty, unless the defense attorney sees something weak in the prosecution's case. There's no reason for anyone to automatically assume the judge was incorrect or unethical in his findings. He has to find someone guilty beyond a "reasonable doubt," not what is "obvious" to a reporter. I'm sure I don't need to tell you that, but the Monday morning quarterbacks apparently don't know this.
I would expect a lot of people dislike judge Caarroll simply because of party affiliation, or maybe they have stood in front of him for some sort of transgression, and he didn't rule in their favor. I doubt the latter will be inclined to vote.
By the way, let me know if you decide to walk across the waterway - I'll be sure to take a few pictures!
We don't need stronger DWI legislation...
...we simply need to enforce the laws we already have and have had for years.
No rocket science here.
I have advocated the punishment of removing the hands and feet at the nearest joint after the 2nd DWI conviction. This method will insure drunks don't drive again. It is PROVEN clearly that the laws are no deterrent! Why make more useless legislation that is ineffective?
I know this guy and he's
I know this guy and he's really not a bad person and he is very successful Person. He has come a long way in a couple of years. A super person while growing up..He has been through hell the last two yrs and has not stopped him from completely turning his life around. I know both sides of the story and how it all happen but you will not let him defend himself is pretty low to take a story and not review it. Who are you to question the Judge when you don't have all the facts and of course the police are upset because they lost the case.
Thats why you and I live in america so we can get a fair trial for everyone. Mr. Holden had a good defense with plenty of evidence. You havn't said one thing about the defenses evidence..You heard a policeman that did not follow procedure. He let Mr. Holden go with his drivers licenses in hand ..If the officer really thought that he had a DWI person. Should he let him out the door with his drivers licenses and he could have driven home. The officer made a number of mistakes his van had GPS on it and was verified by his company Manager he stopped three times. All simplex Grinnell vans have GPS.. Mr. Holden stopped three times to check his right front tire after he hit a patch of ice and slid into the curb, temperture was 23 degrees and Mr. Holden had no where to stop on hard ground to use a jack. So he stopped the van 3 times checking the tire. And could not find a hard place to stop to put a jack down to support the van..
Mr. Holden is a person today to be admired going to meetings, couseling and attending Walter B. Jones.
I think your station should take his side of the story and use it as a model on how to return to a better life.
Give the guy a break this has been two years and we all know of a couple people thats behind this...They are trying to get him to respond in a negative manner..From talking to him. He's just says I can't believe a TV station would put this on the air not knowing the whole set of facts..
..... Evidence was GPS( van stopping) three times, Officer letting him walk out the door with his license, two medical conditions one affecting his walking. He has a bad knee and walks with a slight limp, Mr. Holden has a strong southern acsent a slow speaker and in the state of north carolina with our southern slang we cannot be held at fault for our slurring speech, He had all his medical records from his doctor that did surgery on his knee. He can't walk a staight line much less on a rolling curb. And at 23 degrees...
From talking to him he says it don't bother him and it appears he's letting go. It's two years old everything that had to be done has been done...He has paid his dues and he's a much stronger and better person.
Sure
Yea, he is great.