March 3, 2015

DUI Checkpoints in Charlotte NC

The North Carolina Court of Appeals has weighed in, again, penning an opinion that will likely affect DUI Checkpoints in Charlotte NC.

Judge Davis, joined by concurrence with Judges Calabria and Elmore, in North Carolina v. Macdonald (also referred to as State v. Macdonald) has vacated the ruling by Mecklenburg County Superior Court Judge Hugh Lewis and remanded the matter back to Mecklenburg Superior Court for further findings.

Checkpoints involve more than just DWI charges. Law enforcement may call them “Drunk Driving” checkpoints, license checks, safety stops, and even missing or “wanted person” checks.

March 3, 2015

Ashley Stapleton: Associate Attorney at Powers Law Firm PA

by Carolina Attorneys

Hello, my name is Ashley Stapleton. I’m an associate attorney with Powers Law Firm PA at the Cabarrus County office in Concord, North Carolina.

The first time I can remember becoming interested in the law is when I participated in a youth court program in Syracuse, New York during high school.

We worked with young adults whom had been accused of petty crimes; during the educational process, we had the opportunity to play or otherwise represent the different roles in the courtroom such as Judge, Prosecutor and Defense Lawyer.

February 27, 2015

Required To Talk To Police?

by Carolina Attorneys

Modified Transcript of “Required to Talk To Police” for the Hearing Impaired:

We have handled very serious cases in North Carolina for quite some time. We may get a call during an active investigation, in a panic, from somebody wondering and asking, “Should I talk to the police?” They want to do a debriefing. They want to record a statement.

See Related: Are Miranda Rights Required

February 26, 2015

Can you be convicted of dui without alcohol in your system in north carolina

by Carolina Attorneys

Modified Transcript of “Can you be convicted of dui without alcohol in your system in north carolina” for the Hearing Impaired:

So often times, when we think about the culture of driving while impaired, in other states driving under the influence or driving while intoxicated, it always has this connotation of being alcohol related, and that is no longer the case.

Frankly, it’s never been completely the case, but the incidence of non-alcohol related impaired driving over the last, I’ll say 5, 6, 7 years, has changed the complete landscape as to how we deal with these, and what law enforcement officers look for when prosecuting people.

February 26, 2015

Fake ID Bad IDea

by Carolina Attorneys

Fake ID Bad IDea

Everyone knows using a “Fake ID” is illegal; but, what really are the consequences? While it may seem innocuous enough, there can be long-term consequences from a conviction. High School and College kids may think it’s no big deal. Many parents don’t take it too seriously thinking, “Well, I had one too.”

As an attorney whom has been practicing law for more than twenty-two years, I can say with a reasonable level of reliability that a substantial portion of our clientele:

February 26, 2015

How Are Criminal Court Dates Reset?

by Carolina Attorneys

After a snow day, How Are Criminal Court Dates Reset in Charlotte, NC?

Frankly, it’s a bit complicated. That’s because there are some statutory and constitutional protections afforded to people, especially those whom may be in jail, in the timely setting of important hearings. The Courts follow certain mandates established by the North Carolina General Assembly for things like:

First Appearances

February 25, 2015

DWI Other Than Alcohol

by Carolina Attorneys

Modified Transcript of “DWI Other Than Alcohol” for the Hearing Impaired:

If you are behind the wheel, if something is negatively affecting your ability to operate a motor vehicle, that could make you liable for driving while impaired.

Chris McCartan discusses Impairment and DWI with substances other than alcohol in North Carolina.

February 25, 2015

Governor issues State of Emergency

by Carolina Attorneys

Governor Pat McCrory issues a “State of Emergency” in anticipation of heavy snow fall. While it doesn’t happen often, it’s not unheard of. Indeed, many people likely don’t understand what a State of Emergency is. Interestingly, sometimes the Governor’s directives are ignored. . .and what may REALLY surprise people is there can be legal consequences.