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…
Carolina Criminal & DUI Lawyer Blog
Understanding Fourth Amendment Rights in Traffic Stops
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,…
Lab Reports, Expert Witness & Courtroom Testimony for Criminal Charges
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 Nitrous Oxide Dilemma: Legal Implications for Users and Distributors in NC and Beyond
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,…
Practical Applications of SFSTs and Challenges of Sobriety Tests in DUI Charges in North Carolina
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,…
Deconstructing Sobriety Test Data: Are DWI Tests Accurate?
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…
Analyzing the San Diego Study of Sobriety Tests: SFSTs Accuracy and Legal Implications
The San Diego Study, conducted in 1998, stands as a cornerstone in the evaluation and validation of Standardized Field Sobriety Tests (SFSTs) for detecting drivers with blood alcohol concentrations (BAC) at or above 0.08 grams per deciliter. As we delve deeper into this influential research, we move beyond the foundational…
A Critical Analysis of Standardized Field Sobriety Tests in North Carolina DUI Cases
In the realm of DUI law enforcement and prosecution, few tools have garnered as much attention and controversy as Standardized Field Sobriety Tests (SFSTs). These tests, designed to help law enforcement officers assess a driver’s level of impairment, have become a cornerstone of DUI investigations across the United States. However,…
Just Take Uber: Addressing DUI Realities in Charlotte’s Growing Metro Areas
“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…
College Life and the Law: A Charlotte Student’s Guide
As Charlotte’s vibrant campuses come to life with the energy of a new academic year, students are embracing the freedom and opportunities that college life brings. However, this exciting chapter also comes with new responsibilities and potential legal pitfalls that many students may not anticipate. This guide aims to shed…