If you’re facing charges in North Carolina, there’s a good chance your case will not be resolved on the first court date, and therefore, you will need a continuance. It might be continued again, and again after that. Whether you’re charged with DWI in Mecklenburg County or facing a felony…
Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina? For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent…
When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder. While both…
Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, blood tests, and standardized field sobriety tests. Given the scientific, forensic, and at times highly technical aspects…
Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used…
Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing…
Expert testimony can play a pivotal role in DUI charges in North Carolina. In part, that’s because allegations of impaired driving often involve complicated scientific, forensic evidence and technical procedures—such as chemical breath tests, blood alcohol analyses, and field sobriety testing—that lay jurors or even judges may not fully understand.…
While breath testing is often the go-to method for measuring a driver’s blood alcohol concentration (BAC), certain situations call for blood testing in a DWI case. Law enforcement may suspect drug involvement, or the driver may be unable (or unwilling) to provide a valid breath sample on an approved device.…
If you’re facing a DWI charge in North Carolina, you may have heard about DUI assessments. These evaluations play an important role in the legal process and can positively impact the outcome of your case. That’s because DUI assessment is considered a statutory mitigating factor in North Carolina, which means…
In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment. These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions. A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson,…
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