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George Graham Jr., 43, Was Arrested Saturday in Carteret County

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George Graham Jr., 43, Was Arrested Saturday in Carteret County George W. Graham Jr. Summary George Washington Graham Jr. has represented Lenoir County in the North Carolina House since 2013. Previously, he served on the Lenoir County Board of Commissioners from 1982 until his election to the House. Graham was the second child born to George Washington Graham and Mattie Lee Kilpatrick in the Kinston-area. His father was a long-haul truck driver. Graham and his wife, Patricia, were married in 1973 and had one child, George Washington Graham III, in 1978. Soon thereafter, they were divorced. In 1988, Graham married Marilyn Jimmette. The Grahams own several parcels in Lenoir County and earn rental income from them according to Statements of Economic Interest filings. In addition, Graham was employed as an administrator by Lenoir Community College and The Dobbs School. Unfortunately, Graham’s public record reveals significant red flags in his example as a leader for our children. Additionally, Graham consistently aligns with liberal policy positions, most notably advocating for job-killing tax increases, with a few exceptions. Graham’s legal record begins with two DUIs in the early 1990s. He was charged with giving alcohol to a minor in 1992 but that charge was later dropped. In July 2016, he was arrested and cited for DUI once again. After refusing to accurately take a breathalyzer test, his license was revoked indefinitely and he was given probation for one year plus community service. In late 2016, Graham petitioned the North Carolina DMV to return his license claiming that his confusion and unwillingness to cooperate on the scene stemmed from blood sugar issues and his Type-1 Diabetes. In the petition, Graham admits to drinking on the scene and tested positive for alcohol through an additional screening test. Graham further stated that he frequently suffers from confusion and agitation in his daily life because of the diabetes. The court ultimately agreed to return his license after one year. (The remainder of his driving record shows citations for speeding, expired tags, and not wearing a seat belt.) The bulk of Graham’s political career has been defined by his 30 years as a Lenoir County Commissioner. What follows stems from available media sources in existing online databases. During his tenure on the County Commission, he has advocated for tax increases and for expenditures that amount to a waste of taxpayer money. 1: LEGAL ISSUES Driving While Impaired Graham was cited for Driving while impaired in Carteret County, NC in July 1992. At the time, he had unsealed wine or liquor in the passenger seat and a civil revocation of his license. • DWI, Unsealed container, Civil revocation of License (case no. 92CR007180) o Filed on July 23, 1992 in Carteret County, NC o Pled not guilty to DWI; pled guilty to unsealed wine o Convicted on both counts on January 27, 1993 and complied with revoked license o Given one year plus 30 days of unsupervised probation plus fines/court costs of $110 Less than two months after the DWI citation, Graham was in court for driving on a suspended license, a level five DWI, and selling/giving wine to a minor. • Driving while License Revoked (case no. 92CR007252) o Filed on July 25, 1992 in Carteret County o Dismissed on September 23, 1992 • Companion Case – Level 5 DWI, Sell/Give wine to Minor (case no. 92CR007253) o Filed on July 25, 1992 in Carteret County o Guilty of Level 5 DWI – serve 60 days plus one year unsupervised probation and $160 in fines and costs and no driving for 30 days. o Pled/found not guilty to supplying a minor In July 2016, Graham was arrested in Kinston and charged with DWI. The Case received more attention because he was a sitting legislator at the time. • Driving while Impaired, refusal (case no. 16CR051507) o Filed on July 3, 2016 in Lenoir County o License suspended for 30 days, 60 days community punishment, 24 hours of community service, 12 months of probation, and court costs/fines totaling $390 levied on August 24, 2017 (indicative of probation through August 2018) • ABC 11: A state lawmaker has been arrested on suspicion of driving under the influence. Kinston Police said NC House Rep. George Washington Graham Jr., 67, was arrested and charged with DWI on Sunday, according to ABC affiliate WCTI. Graham was stopped by police just before 8 p.m. at the intersection of East Lenoir and MLK Boulevard. He was given bond of $500 and a court date was scheduled for Sept. 13. Graham, a Democrat, represents District 12, which covers parts of Craven, Greene and Lenoir Counties. (Source: http://abc11.com/politics/state-lawmaker-charged-with-dwi-in- kinston/1413102/) The court papers indicated that Graham failed to complete a field sobriety test and repeatedly asked to urinate. In addition, there was a very strong odor of alcohol. Other Traffic Cases • Expired Registration/Tag (case no. 99CR002113) o Filed on February 19, 1999 in Lenoir County o Dismissed on March 29, 1999 • Speeding, 70 mph in a 55 mph zone (case no. 12IF000725) o Filed on July 31, 2012 in Jones County o Convicted of improper equipment (speedometer) and ordered to pay $313 in fines and costs on August 24, 2012 o Failed to comply with the DMV and returned to court on September 25, 2012 • Speeding, 30 mph in a 25 mph zone and failure to stop at flashing red light (case no. 12IF000725) o Filed on December 13, 2012 in Lenoir County o Pled guilty to the lesser charge, and paid $228.50 in fines and court costs in February 2013 • Failed to wear a Seatbelt (case no. 13IF000205) o Filed on May 18, 2013 in Lenoir County o Convicted and paid $135.50 in fines/court costs Application for License Restoration In January 2017, Graham applied to have his license reinstated for refusing to submit to a breathalyzer test (case no. 17CVS21). In his petition, Graham claimed that he made a good faith effort to submit a sample, and that the revocation of driving privileges will cause irreparable and irrevocable injury. The North Carolina Department of Motor Vehicles submitted a response to the petition on February 6, 2017 asking the court to affirm the suspension because of his willful refusal to submit to testing. At that time, the presiding judge held an administrative hearing and entered a temporary restraining order prohibiting the revocation pending an additional hearing with the Wake County Sheriff’s Office (reference no. 157636). Ultimately, the court decided that because of Graham’s Type-1 diabetes, he could restore his license in one year (December 25, 2017) after paying a $65 reinstatement fee. The court record shows testimony and reports by the officers on the scene, Graham, as well as testimony by Marilyn Graham, Graham’s wife of almost three decades. The following summarizes their testimonies and reports. A chemical analyst Charles A. Coulombe Jr. submitted a report dated December 15, 2016 to the court noting two refusals (8:30-8:47PM and 8:49-8:52PM) to a breath test. Papers filed for the administrative hearing indicates that Graham admitted to drinking at the home of his brother-in-law and that he was stopped by Officer Blizzard after a near-miss with another vehicle. He seemed confused, smelled of alcohol, repeatedly asked to urinate, and asked the same questions over and over again. Graham submitted to an alcohol- sensor test, which returned positive, and the officer arrested him because he seemed impaired. When observed, while attempting a breathalyzer, he did not blow long enough, an offense that is considered willful refusal. When Graham’s attorney questioned Officer Blizzard, he asked if he was aware that Graham is a Type-1 Diabetic, and the officer noted that low blood sugar can emit a smell similar to alcohol. Despite this, an alcohol-sensor would not detect alcohol if none was present in a diabetic. Officer Blizzard indicated that Graham was cordial and never requested special treatment, but that he was very confused, and repeatedly asked when he would take a test, despite having already attempting it. Officer Coulombe, the chemical analyst, testified next. According to his statement that he read Graham his Implied Consent Rights, and walked him through how to complete the testing within three minutes. Graham did not blow long enough for the first test, so he was advised to try again, but failed to do so on his second and third attempts. Officer Coulombe said he wasn’t aware of any of Graham’s health issues and that his failure to comply was willful refusal. He witnessed a strong odor of alcohol, glassy eyes, and confusion, but Officer Coulombe is a Type-2 Diabetic and is familiar with the symptoms. He noted that Graham didn’t outright refuse the test, he just refused to take it appropriately. As a result, Graham was booked for refusal to take the breath test plus a warning for unsafe movement. Later, Marilyn Jemette Cogdell Graham offered testimony in support of Graham, her husband of 28 years. She indicated that his diabetes diagnosis was recent – in the past three years, and that he suffered from complications like frequent urination, confusion, high blood sugar, memory loss, the inability to reason, and, as his sugar level climbed, hyperactivity. He was hospitalized on several occasions. She was encouraging diet changes, blood-sugar checks, and his consistent use of medication. While Mrs. Graham did not witness the stop on July 3, 2016, she retrieved him from the police station, and he could not articulate what happened the night before. Graham took the oath.
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