Articles Posted in DWI

Components of Blood CBC

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 that just about everyone listening-in has a substantial knowledge base. . .and well, some might say, a disposition towards critical thinking.

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.

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.

Do Drug and Alcohol Treatment Work 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 to help people.

Police Door Search Warrant SWAT
Modified Transcript for “What Is Required To Search?” for the Hearing Impaired:

SEE RELATED: Form and Content of the Search Warrant

NCGS-15A-246-in-2015-compressor
Chapter 15A-246 explains what is required to search, generally speaking, in a North Carolina Search Warrant.  While not an exhaustive list, the North Carolina General Statutes set forth:

Deadlocked-Jury-Dynamite-Chargesf

Hung, Deadlocked Jury Dynamite Charges:  Jury Deliberations in North Carolina

Caselaw Summary for North Carolina Supreme Court – North Carolina v. May

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

Duress Danger Necessity DWI Defenses-compressor

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 within the Superior Court’s original jurisdiction

When Kids Make Adult MistakesModified 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 junior hasn’t wanted to share with their parents or their guardians that they’ve been in some trouble.

Indeed, junior may not realize that that citation for a curfew violation or an alcohol possession violation it’s really all that serious.

https://www.youtube.com/watch?v=DpKHb68jB24

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.

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