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, blood tests, and standardized field sobriety tests. Given the scientific, forensic, and at times highly technical aspects…
Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used…
Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing…
Expert testimony can play a pivotal role in DUI charges in North Carolina. In part, that’s because allegations of impaired driving often involve complicated scientific, forensic evidence and technical procedures—such as chemical breath tests, blood alcohol analyses, and field sobriety testing—that lay jurors or even judges may not fully understand.…
While breath testing is often the go-to method for measuring a driver’s blood alcohol concentration (BAC), certain situations call for blood testing in a DWI case. Law enforcement may suspect drug involvement, or the driver may be unable (or unwilling) to provide a valid breath sample on an approved device.…
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…
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,…
“Just take Uber” – It‘s a phrase echoed across Charlotte’s vibrant nightlife scene, from Uptown bars to NoDa breweries. On the surface, it seems like a simple, foolproof solution to prevent driving under the influence (DUI). But as the Charlotte metro area rapidly expands towards 3 million residents, stretching from…
