June 2, 2016

DWI Sentencing in North Carolina

Does NOT fall under traditional Structured Sentencing
Separate and Distinct sentencing protocols

February 26, 2015

Can you be convicted of dui without alcohol in your system in north carolina

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.

February 25, 2015

DWI Other Than Alcohol

by Carolina Attorneys

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.

February 24, 2015

CHARLOTTE DWI CHECKPOINT 022315

by Carolina Attorneys

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.

February 24, 2015

Charlotte DWI DUI Checkpoints

by Carolina Attorneys

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.

February 22, 2015

Probable Cause to Arrest DWI

by Carolina Attorneys

“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:

February 22, 2015

DWI Burdens of Proof

by Carolina Attorneys

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.