Criminal law practice extends far beyond dramatic courtroom trials. The real work of justice unfolds in courthouse hallways, conference rooms, after-hours emails, and through careful negotiations between prosecutors and defense attorneys. North Carolina criminal courts process thousands of cases each year, with resolution often coming through structured discussions and plea…
When can police officers conduct a patdown search, also known as a Terry frisk? The North Carolina Court of Appeals addressed this question in State v. Rowdy, providing insight into the balance between individual rights and law enforcement’s need to protect their personal safety. If you’re facing criminal charges, it’s…
Police and prosecutors in North Carolina regularly use breath or blood test results taken after someone has been driving to prove impairment. Questions can arise about the accuracy of the reported BAC if testing was delayed. Retrograde extrapolation attempts to estimate prior blood alcohol concentration by “back tracking,” using a…
The human body functions as a complex processing system, breaking down what we consume through a series of chemical reactions. Alcohol moves through this system in phases, from the first drink through the next morning. The effects of hangovers extend beyond the social hours of the night before, through sunrise,…
If you’re facing a DWI charge in North Carolina, you may have heard about DUI assessments. These evaluations play an important role in the legal process and can positively impact the outcome of your case. That’s because DUI assessment is considered a statutory mitigating factor in North Carolina, which means…
In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment. These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions. A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson,…
The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the Sixth Amendment is violated when a substitute analyst provides expert witness testimony about the results of forensic testing performed by a non-testifying analyst. The Court held that when an expert, in this instance a…
Nitrous oxide, often referred to as “laughing gas,” has long been a staple in medical and dental settings due to its anesthetic properties. However, its recreational use and distribution have become increasingly complex legal issues, particularly in North Carolina. For those concerned about potential criminal charges or simply seeking information,…
The San Diego Study, conducted in 1998, has left an indelible mark on the landscape of DUI charges in North Carolina and prosecution across the United States. Its findings on the accuracy of Standardized Field Sobriety Tests (SFSTs) have influenced police training, informed courtroom strategies, and shaped public policy. However,…
In the realm of DUI law enforcement and prosecution, few studies have wielded as much influence as the 1998 San Diego Study and the resulting sobriety test data. This research, which aimed to validate the accuracy of Standardized Field Sobriety Tests (SFSTs) at blood alcohol concentrations (BACs) of 0.08% and…