Articles Tagged with IMPAIRED DRIVING

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.

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.

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