Attorneys Mike Daisley and Bill Powers discuss developing trends and provide legal commentary on North Carolina Law issues. If you have general questions about how the legal system works in North Carolina, please feel free to contact Mike and Bill at:
Blood Testing in DWI cases takes time and involves a delicate balance of trial schedules, witness availability, and scientific testing protocols – Bill Powers
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.
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.
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.
“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:
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.
Charlotte Mecklenburg Court Holidays are as follows:
Carolina Law Blog