Articles Tagged with DUI

Modified Transcript of “Reasonable Suspicion To Stop” for Hearing Impaired:

. . .By a reasonable and articulable suspicion that the person seized is engaged in criminal activity.

Modified Transcript of “Telling Truth To Lawyer” for Hearing Impaired:

In criminal cases, whether it’s a DUI or a misdemeanor, even a felony – heck, even traffic tickets – it’s not unusual to have a client later fess up when they’re talking to us in the office and say “I didn’t tell the truth to the officer.” Now, that’s not unusual. People get nervous. They don’t always answer the right way.

Magistrate Videoconferencing

See Judge Miller’s Administrate Order:  Magistrate Videoconferencing

North Carolina General Statute NCGS 20-16.2 “Implied Consent to Chemical Analysis” sets forth some of the different protocols we follow in North Carolina in obtaining a Blood Alcohol Content BAC and/or an BrAC or “Breath Alcohol Content” and reads in relevant part:

§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

Jail Visits by an attorney are common, especially with matters involving serious criminal charges, felonies and even some misdemeanors with high bond amounts.  Attorney Bill Powers

Modified Transcript of “Will Attorney Come to Jail?” for the Hearing Impaired:

Considerations in Selecting An Attorney to Help

Attorney Bill Powers is the managing partner of Powers Law Firm PA, pllc in Charlotte, North Carolina.  He is a regular commentator on developing legal trends, laws, court procedures, trials and pending legislation on North Carolina Law Talk.  Bill is the Vice President of Communications for the North Carolina Advocates for Justice and was selected by the Governor of North Carolina as a member of the Governor’s Statewide Impaired Driving Task Force.  Bill Powers was named to SuperLawyers North Carolina Magazine “Top 100” in North Carolina in calendar years 2012, 2013 & 2014.  For more information regarding the membership information and criterion for inclusion, please visit SuperLawyers.com.

Beer Batter Defense Fishy

Bad DWI DefensesA 75-year-old Wisconsin man has come up with a whopper of a DWI defense.  It was the fried fish.

Yah, not so much.  In the South, we’d say, “That dog won’t hunt.”  If you’re a cheesehead from Wisconsin, that means the same thing as “Malarkey.”

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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