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Articles Posted in DRIVING

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Can You Get a Limited Privilege

Can You Get a Limited Privilege?  Are You Eligible?  Did You Have a Valid License?  Are There Options?   Obtaining a Pre-Trial Limited Privilege requires careful consideration of the record, prior history, and factual basis of a case.  One should not assume it is automatic or guaranteed  – Bill Powers…

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What is the Most Often Cited DWI Evidence

Impaired Driving Testimony.  Manifestations of Alcohol Consumption and Proof.  What is the Most Often Cited DWI Evidence?   Alcohol breath odor is the most frequently cited observation by US police officers in alcohol related traffic offenses – Southern California Research Institute   Strength of Odor Slight, Moderate, or Strong Probability of…

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Do You Need a Lawyer for Traffic Tickets

What is a Uniform Citation?  How Do Insurance Points Work?  Can You Go To Court by Yourself? Do you Need a Lawyer for Traffic Tickets?   The adage that ‘a lawyer who represents himself has a fool for a client’ is the product of years of experience by seasoned litigators –…

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Death by Vehicle Blood Testing in North Carolina

  Death by Vehicle Blood Testing in North Carolina involves a certain, although limited, amount of discretion by Law Enforcement.  There are circumstances where blood sampling may be in addition to standard breath-testing on the EC/IR II. A combination of breath, blood and urine samples may be obtained in appropriate legal circumstances,…

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Are DWI Breath Tests Ever Wrong?

Are DWI Breath Tests Ever Wrong? One of the best parts of my job is teaching Continuing Legal Education.  Teaching is a great way to learn. Frankly, standing in front of a group of lawyers, prosecutors, judges or law enforcement can be more than a bit harrowing. Consider the fact…

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Time Out! What is Probable Cause for NC DWI Cases?

Time Out!  What is Probable Cause for NC DWI Cases? If you’ve been in District Court in North Carolina, most likely you’ve heard mention of two relatively recent cases that the Courts have been bantering about. “Have you heard about Townsend? That’s it, there is no such thing as PC…

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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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NORTH CAROLINA IGNITION INTERLOCK

The North Carolina Ignition Interlock Device (IID), sometimes referred to as the “Blow-and-Go,” may be required in certain DUI DWI Impaired Driving Offenses NCGS 20-179.3 and Conditions of Restoration following a Department of Transportation / Division of Motor Vehicles (DMV) Hearing.  Monitech is one of three companies authorized by the State of…

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