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Articles Tagged with DRIVING

Can You Get a Limited Privilege?  Are You Eligible?  Did You Have a Valid License?  Are There Options?

Obtaining a Pre-Trial Limited Privilege requires careful consideration of the record, prior history, and factual basis of a case.  One should not assume it is automatic or guaranteed  – Bill Powers

Are You Eligible?  Important Questions to Consider:

What is the Most Often Cited DWI Evidence

Impaired Driving Testimony.  Manifestations of Alcohol Consumption and Proof.  What is the Most Often Cited DWI Evidence?

Alcohol breath odor is the most frequently cited observation by US police officers in alcohol related traffic offenses – Southern California Research Institute

  • Strength of Odor

What is a Uniform Citation?  How Do Insurance Points Work?  Can You Go To Court by Yourself? Do you Need a Lawyer for Traffic Tickets?

The adage that ‘a lawyer who represents himself has a fool for a client’ is the product of years of experience by seasoned litigators – United States Supreme Court 

Even a skilled lawyer who represents himself is at a disadvantage in contested litigation.  He is deprived of the Judgment of an Independent third party in:

Blood Testing in Fatality CasesDeath by Vehicle Blood Testing in North Carolina involves a certain, although limited, amount of discretion by Law Enforcement.  There are circumstances where blood sampling may be in addition to standard breath-testing on the EC/IR II.

A combination of breath, blood and urine samples may be obtained in appropriate legal circumstances, even if duplicative in nature and would therefore be subject to administrative licensing consequences for failing to comply.

N.C.G.S. 20-141.1 offenses include:

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.

MONITECH 2015 BROCHURE PAGE 1The North Carolina Ignition Interlock Device (IID), sometimes referred to as the “Blow-and-Go,” may be required in certain DUI DWI Impaired Driving Offenses NCGS 20-179.3 and Conditions of Restoration following a Department of Transportation / Division of Motor Vehicles (DMV) Hearing.  Monitech is one of three companies authorized by the State of North Carolina to install, monitor and report back to the Court or DMV results of breath testing.

Monitech recently forwarded to our office the attached brochure, requesting we let clients know there is presently in place a Free Installation offer.  Powers Law Firm PA does not expressly endorse one company over another.  Indeed, we regularly serve as legal counsel to clients whom have been accused of consuming alcohol and driving, necessitating a challenge to the accuracy of such devices in court and are further called to cross-examine Monitech employees regarding installation errors, datum dumps, reporting errors and false readings.

As some background on Breath Alcohol Testing Devices, the IID:

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