Articles Tagged with DUI Defense Lawyers

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When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider FELONY-DEATH-BY-VEHICLE-IN-NORTH-CAROLINA a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder.

While both carry the weight of a felony conviction and serious sentencing exposure, they are grounded in different legal theories and involve distinct statutory frameworks.

This article examines how these charges are defined under North Carolina law, what legal elements separate them, and why the difference matters—not just to lawyers and judges, but to anyone trying to understand how the state treats fatal driving cases.

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Witnesses with specialized knowledge beyond that of a jury may in appropriate circumstances provide “expert testimony” in North Carolina. DWI (Driving While Impaired) charges in North Carolina regularly include evidence like breathalyzer results, bloodEXPERT-WITNESS-TESTIMONY tests, and standardized field sobriety tests.

Given the scientific, forensic, and at times highly technical aspects of impaired driving cases, testimony may include qualification in court of expert witnesses and  consideration of NC Rule of Evidence 702 (the rule governing experts and expert testimony). In some circumstances, the formal process of qualification is not required if the police officer is certified by the State of North Carolina as a DRE – Drug Recognition Expert. It can, frankly, prove to be a complicated area of law.

At Powers Law Firm, our attorneys understand the impact that credible experts can have in DWI trials and how critical it is to get reliable evidence before the finder of fact. That may entail both challenging the State’s attempts to tender a police officer as an “expert” and introducing a defense expert to counter the conclusion of the State’s witness and their expert testimony.

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