Death by Vehicle Blood Testing in North Carolina involves a certain, although limited, amount of discretion by Law Enforcement. There are circumstances where blood sampling may be in addition to standard breath-testing on the EC/IR II. A combination of breath, blood and urine samples may be obtained in appropriate legal circumstances,…
Are DWI Breath Tests Ever Wrong? One of the best parts of my job is teaching Continuing Legal Education. Teaching is a great way to learn. Frankly, standing in front of a group of lawyers, prosecutors, judges or law enforcement can be more than a bit harrowing. Consider the fact…
Time Out! What is Probable Cause for NC DWI Cases? If you’ve been in District Court in North Carolina, most likely you’ve heard mention of two relatively recent cases that the Courts have been bantering about. “Have you heard about Townsend? That’s it, there is no such thing as PC…
Driving While Impaired cases are in-and-of-themselves complicated matters for presentation in court. When coupled with the loss of another human life, the consequences and potential for punishment(s) necessitate a careful examination of the law, facts and procedural history of the on-scene investigation. What happens in drunk driving fatality cases…
Modified Transcript of “Do Drug and Alcohol Treatment Help in Court?” for the Hearing Impaired: Attorneys are also called counselors at law or counselors of law because we do more than just analyze statutes, look at facts in a particular case or take things to trial. We try…
Modified Transcript for “What Is Required To Search?” for the Hearing Impaired: SEE RELATED: Form and Content of the Search Warrant Chapter 15A-246 explains what is required to search, generally speaking, in a North Carolina Search Warrant. While not an exhaustive list, the North Carolina General Statutes set forth: Name…
f Hung, Deadlocked Jury Dynamite Charges: Jury Deliberations in North Carolina Caselaw Summary for North Carolina Supreme Court – North Carolina v. May North Carolina v. May 2015 North Carolina Supreme Court: EDMUNDS, Justice. Justice ERVIN took no part in the consideration or decision of…
By Driving a Car in North Carolina, Do You Consent to a Sniff Search? Is a Sniff even a Search? Does the law differ between Vehicles and Persons? Caselaw Summary For North Carolina v. Warren North Carolina Court of Appeals – Publication Date August 4, 2015 Divided…
Common Law – Duress Necessity DWI Defenses in North Carolina Part I – Defendant is not required to give notice of the affirmative defense of duress or necessity in DISTRICT COURT APPEALS “Discovery in the Superior Court” under Article 48 of the North Carolina General Statutes applies only to cases…
Modified Transcript for Hearing Impaired of “When Kids Make Adult Mistakes” When a young one, a loved one normally, is cited or charged or arrested with an offense, we’ll oftentimes, seems more often than not, actually get the call either the day of court or the night before court because…