Modified Transcript of “DWI Burdens of Proof” for Hearing Impaired:
The third burden of proof that the state has to satisfy when we’re speaking about a prosecution for DWI, I’m just going to refer to as criminal procedure at large. When we’re talking about reasonable suspicion, typically we’re talking about the stop. When we’re talking about probable cause, we’re typically just talking about the arrest. Criminal procedure at large we’re talking about the process as a whole, but not from a factual end necessarily, but from a procedural one.
These are going to be things like looking at the chemical analysis, looking at whether or not somebody was processed in the appropriate way after blowing into the Intoxilyzer, Intoximeter EC/IR II or whatever device is used and affording them a release from custody thereafter. Even with respect to the foundational requirements for a checkpoint. I always separate that argument from the reasonable suspicion end.
Because with a checkpoint or anything else that requires foundational requirements, everything may have been done according to the book and that would satisfy the first prong that the state has to satisfy, but then if you look a little deeper and you realize that the book is wrong or there is something flawed in the process, it may afford you some kind of relief in your defense overall.
There are other things that we’re always going to look at with respect to the jurisdiction requirements and the personnel that are brought to court as to which aspects of the prosecution are satisfied by which people. Oftentimes in Cabarrus County we will deal with things like that because for things like races and other tourist events going on where additional law enforcement personnel have to be brought in from different parts of the state, we always want to make sure that when defending a client, we force the state to bring all the requisite personnel to court.
See Related: Burdens of Proof Sentencing North Carolina
Bill Powers has been listed in 2015 SuperLawyers North Carolina Magazine. In calendar years 2012, 2013 & 2014, SuperLawyers further included Bill in the “Top 100” Lawyers in North Carolina. In 2013 Bill was listed as “Top 25 in Charlotte” by SuperLawyers North Carolina.
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In 2015 Bill Powers has been included in Best Lawyers of America. For membership info & criterion for inclusion see: https://www.bestlawyers.com/lawyers/bill-powers/78562/
Bill Powers has also been listed in “Top 100 Criminal Defense Lawyers in North Carolina” by The National Trial Lawyers. For member info & criterion for inclusion see: https://www.thenationaltriallawyers.org/profile-view/Bill/Powers/5071/