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Articles Posted in DWI

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What Happens in Drunk Driving Fatality Cases?

  Driving While Impaired cases are in-and-of-themselves complicated matters for presentation in court. When coupled with the loss of another human life, the consequences and potential for punishment(s) necessitate a careful examination of the law, facts and procedural history of the on-scene investigation. What happens in drunk driving fatality cases…

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Do Drug and Alcohol Treatment Help in Court?

    Modified Transcript of “Do Drug and Alcohol Treatment Help in Court?” for the Hearing Impaired: Attorneys are also called counselors at law or counselors of law because we do more than just analyze statutes, look at facts in a particular case or take things to trial. We try…

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Deadlocked Jury Dynamite Charges

f       Hung, Deadlocked Jury Dynamite Charges:  Jury Deliberations in North Carolina   Caselaw Summary for North Carolina Supreme Court – North Carolina v. May    North Carolina v. May 2015 North Carolina Supreme Court:  EDMUNDS, Justice.  Justice ERVIN took no part in the consideration or decision of…

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Do You Consent to a Sniff Search?

  By Driving a Car in North Carolina, Do You Consent to a Sniff Search?  Is a Sniff even a Search?  Does the law differ between Vehicles and Persons?   Caselaw Summary For North Carolina v. Warren    North Carolina Court of Appeals – Publication Date August 4, 2015 Divided…

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Duress Necessity DWI Defenses

    Common Law – Duress Necessity DWI Defenses in North Carolina Part I – Defendant is not required to give notice of the affirmative defense of duress or necessity in DISTRICT COURT APPEALS “Discovery in the Superior Court” under Article 48 of the North Carolina General Statutes applies only to cases…

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When Kids Make Adult Mistakes

Modified Transcript for Hearing Impaired of “When Kids Make Adult Mistakes” When a young one, a loved one normally, is cited or charged or arrested with an offense, we’ll oftentimes, seems more often than not, actually get the call either the day of court or the night before court because…

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Illegal Possession of Alcohol

  Modified Transcript of “Illegal Possession of Alcohol” for the Hearing Impaired: As a parent I understand that when your loved one, normally a child, gets a ticket or gets arrested for an underage possession of alcohol charge, you may have questions. While it may not be the most serious…

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Developing Legal Theories in North Carolina

  Modified Transcript of “Developing Legal Theories in North Carolina” for the Hearing Impaired: The truth is no two cases are exactly alike. There are a lot of armchair quarterbacks out there that may be friends, or family members, or someone that’s had some experience in the legal system, and…

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Keeping Legal Secrets Secret

Modified Transcript of “Keeping Legal Secrets Secret” for the Hearing Impaired Commentary by lawyers on public venues, such as on some social media, specifically about certain cases is just now allowed. We’re just not allowed to disclose certain confidences and trust me there are times I wish we could because…

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Honest Legal Answers in North Carolina

Modified Transcript of “Honest Legal Answers in North Carolina” for Hearing Impaired: I would not be a good lawyer if I didn’t tell you that a theory did not apply or that someone’s understanding of what they thought the law was doesn’t apply in North Carolina. What may have been…

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