When is video evidence admissible? Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes: Eyewitness testified it fairly and accurately depicted what was observed Court treated missing chain links as issues of weight…
Carolina Criminal Defense & DUI Lawyer Updates
Guilty Plea Appeal Rights After North Carolina v. Branham
Can You Appeal After a Guilty Plea in North Carolina? Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap. The Court of Appeals held no statutory right existed to appeal a denied immunity…
Breath, Blood, and Bull: Real Science from Junk in DUI Cases
For more than three decades, I have worked in North Carolina courtrooms handling DUI cases where law, science, and technology collide. Few areas highlight that collision more than impaired driving prosecutions involving fatalities and serious injuries. When an officer testifies about roadside tests or a LCA – Licensed Chemical Analyst…
The Rule of Law in North Carolina
Do you believe in the Rule of Law? Talking heads from various sources bandy about Due Process, Equal Protection, and the Rule of Law. But what do those terms really mean and are they even relevant in today’s perpetual, and frankly exhausting, messaging infrastructure? Stripped of partisan slogans, the concept…
Eagle Springs Lake: A Century of Family, Water, and Wisconsin Roots
Eagle Springs Lake in Waukesha County is not a place you stumble upon. It sits tucked away, a spring-fed lake that has quietly carried on its rhythms for generations. For my family, the Powers name has been tied to this water for more than 100 years. That is not a…
Breathalyzer in North Carolina: AlcoSensor FST Explained
In North Carolina, some people refer to the Alco Sensor FST as the “breathalyzer” or “PBT” (portable breath test). It is is a handheld breath alcohol screening device used by law enforcement on scene to confirm the consumption of alcohol. If you’ve been charged with driving while impaired, it’s a…
Stress, Cortisol, and North Carolina DWI Charges
Cortisol, often referred to as the primary stress hormone, is produced by your adrenal glands in response to stressful situations, including anxiety-provoking encounters such as traffic stops, arrests, and DWI charges. Cortisol plays an important role in regulating energy by promoting gluconeogenesis, the production of glucose from non-carbohydrate sources, and…
Prescription Medication and North Carolina DUI
You may not expect prescription medication to expose you to DUI charges. Yet in North Carolina, impairment rather than the legality of the substance or intent to break the law triggers criminal charges. If a prescribed medication impairs your ability to drive, you can be prosecuted under state law. That…
Ketogenic Fasting Alcohol Effects on BAC and DWI Charges
Can Ketogenic Fasting Affect Your DWI Charges in North Carolina? If you’re following ketogenic fasting, characterized by prolonged calorie and carbohydrate restriction, you may be unknowingly altering your body’s response to alcohol and potentially impacting DUI test results and associated criminal allegations of “drunk driving.” While ketogenic fasting triggers autophagy,…
DRE Testimony in North Carolina: Felony Death by Vehicle and Murder Trials
DRE testimony has become a fixture in North Carolina’s most serious impaired driving cases, including felony death by vehicle and second-degree murder charges. The Court of Appeals’ July 2025 opinion in North Carolina v. Moore provides essential guidance for lawyers, judges, and anyone facing charges based on drug impairment evidence. Understanding…