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Modified Transcript of “Can you be convicted of dui without alcohol in your system in north carolina” for the Hearing Impaired:

So often times, when we think about the culture of driving while impaired, in other states driving under the influence or driving while intoxicated, it always has this connotation of being alcohol related, and that is no longer the case.

Frankly, it’s never been completely the case, but the incidence of non-alcohol related impaired driving over the last, I’ll say 5, 6, 7 years, has changed the complete landscape as to how we deal with these, and what law enforcement officers look for when prosecuting people.

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BAD IDEA

Fake ID Bad IDea

Everyone knows using a “Fake ID” is illegal; but, what really are the consequences?  While it may seem innocuous enough, there can be long-term consequences from a conviction.  High School and College kids may think it’s no big deal.  Many parents don’t take it too seriously thinking, “Well, I had one too.”

As an attorney whom has been practicing law for more than twenty-two years, I can say with a reasonable level of reliability that a substantial portion of our clientele:

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Charlotte Court

After a snow day, How Are Criminal Court Dates Reset in Charlotte, NC?

Frankly, it’s a bit complicated.  That’s because there are some statutory and constitutional protections afforded to people, especially those whom may be in jail, in the timely setting of important hearings.  The Courts follow certain mandates established by the North Carolina General Assembly for things like:

  • First Appearances
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Modified Transcript of “DWI Other Than Alcohol” for the Hearing Impaired:

If you are behind the wheel, if something is negatively affecting your ability to operate a motor vehicle, that could make you liable for driving while impaired.

Chris McCartan discusses Impairment and DWI with substances other than alcohol in North Carolina.

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Snow ShovelGovernor Pat McCrory issues a “State of Emergency” in anticipation of heavy snow fall.  While it doesn’t happen often, it’s not unheard of.  Indeed, many people likely don’t understand what a State of Emergency is.  Interestingly, sometimes the Governor’s directives are ignored. . .and what may REALLY surprise people is there can be legal consequences.

North Carolina has adopted the North Carolina Emergency Management Act, which is set forth in NCGS 166A.

The basic purposes are:

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11 arrested in Charlotte DWI Checkpoint 022315

LEGAL REFERENCE MATERIALS  – Tracking Checkpoint Locations 2015 Charlotte-Metro Region –
Charlotte DWI Checkpoint 022315 at 5th Street and N. Caldwell Street resulted in 11 motorists being arrested for Driving While Impaired.
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DWI Checkpoints must be fairly and evenly enforced.  Bill Powers

See Related for Charlotte DWI DUI Checkpoints: NCGS 20-16.3 CHECKPOINTS

Charlotte DWI DUI Checkpoints are authorized by the North Carolina General Assembly in N.C.G.S. § 20-16.3A.

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Modified Transcript of “Do Family & Friends Have to Cooperate with Police” for the Hearing Impaired:

If my loved one is accused of a felony, can I plead the fifth?

When you are called upon to answer questions by law enforcement, people often times refer to or ask the question, “Can I plead the Fifth?”

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“Probable cause for an arrest has been defined to be a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty…. To establish probable cause the evidence need not amount to proof of guilt, or even to prima facie evidence of guilt, but it must be such as would actuate a reasonable man acting in good faith.” 5 Am.Jur.2d, Arrest § 44 (1962); State v. Harris, 279 N.C. 307, 182 S.E.2d 364 (1971).

Probable Cause Hearings in North Carolina

Modified Transcript of “Probable Cause to Arrest DWI” for Hearing Impaired:

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North Carolina Rules of Evidence

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.

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