Articles Posted in DWI

Beer Batter Defense Fishy

Bad DWI DefensesA 75-year-old Wisconsin man has come up with a whopper of a DWI defense.  It was the fried fish.

Yah, not so much.  In the South, we’d say, “That dog won’t hunt.”  If you’re a cheesehead from Wisconsin, that means the same thing as “Malarkey.”

MONITECH 2015 IGNITION INTERLOCK MONITORING
Monitech Ignition Interlock Monitoring, also known as the IID Ignition Interlock Device or the “Blow-and-Go” is sometimes mandated as a condition for operating a motor vehicle in North Carolina.  The purposes of “monitoring” include:

  • Preventing an operator from STARTING a car if the Blow-and-Go detects the presence of alcohol
  • Require “Rolling” testing while operating a motor vehicle* to confirm Ethanol hasn’t been consumed after the start-up protocol

MONITECH 2015 BROCHURE PAGE 1The North Carolina Ignition Interlock Device (IID), sometimes referred to as the “Blow-and-Go,” may be required in certain DUI DWI Impaired Driving Offenses NCGS 20-179.3 and Conditions of Restoration following a Department of Transportation / Division of Motor Vehicles (DMV) Hearing.  Monitech is one of three companies authorized by the State of North Carolina to install, monitor and report back to the Court or DMV results of breath testing.

Monitech recently forwarded to our office the attached brochure, requesting we let clients know there is presently in place a Free Installation offer.  Powers Law Firm PA does not expressly endorse one company over another.  Indeed, we regularly serve as legal counsel to clients whom have been accused of consuming alcohol and driving, necessitating a challenge to the accuracy of such devices in court and are further called to cross-examine Monitech employees regarding installation errors, datum dumps, reporting errors and false readings.

As some background on Breath Alcohol Testing Devices, the IID:

Bill Powers, Vice President of Communications for the North Carolina Advocates for Justice, invites you to Mountain Magic 2014.  “NCAJ does an absolutely fabulous job with Continuing Legal Education.  Mountain Magic 2014 promises to be an engaging opportunity to learn and for lawyers throughout the state to network, to socialize and to spend time getting to know one another.”

Mountain Magic 2014

Mountain Magic is smack dab in the middle of the best part of the year to watch the leaves change.  It also is smack dab in the middle of some of the Best Lawyers in North Carolina.  If you want to learn, mingle and get to know leaders in the law, register now.

DUI Expert Testimony in North Carolina

Attorneys Bill Powers & Mike Daisley, hosts of NC LAW TALK  in the program entitled DUI Expert Testimony in North Carolina, discuss the public policy considerations of Rule 702 “Expert Testimony” involving technical, scientific and medico-legal issues in North Carolina DUI DWI Impaired Driving Criminal and Civil Wrongful Death, Catastrophic Loss and Personal Injury trials.  NC LAW TALK July 21, 2014 Episode

NC LAW TALK – Emerging Topics in North Carolina Law

NC LAW TALK – EPISODE 1 – DUI DWI in North Carolina

Thank you for watching NC LAW TALK – Episode 1 – DUI DWI in North Carolina.  If you have topics of interest, feel free to email Bill Powers at Bill@PowMac.com.  For other areas of interest, check out www.PowersMcCartan.com  for NC LAW TALK.

DUI DWI in North Carolina

Chapel Hill EXIT

What is Reasonable Suspicion to Stop a Vehicle in North Carolina?

Powers Law Firm PA - Contact Us - 704-342-4357

The North Carolina Supreme Court recently penned an opinion regarding the legal basis for “stopping” a vehicle suspected of impaired driving.  It is an interesting opinion more for the legal issue(s) not addressed, than those cited as a basis for reversing the case. . .which had previously been held in favor of the accused.  The case is formally entitled North Carolina vs. Dorothy Hoogland Verkerk or State v. Verkerk

The Factual Background – Reasonable Suspicion Factors to Consider

North Carolina lawyers tipped their caps to Bill Powers as one of the state’s 2013 “Legal Elite” in the Criminal Defense category. Considered among the best by his peers in voting tabulated by Business North Carolina magazine, Mr. Powers is one of the founding partners of Powers Law Firm PA.

Legal Elite Methodology:

Since 2002, Business North Carolina magazine has honored Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in business-related categories. Winners are chosen not by BNC editors but by the state’s lawyers. Business North Carolina’s Legal Elite has become the model for other awards and lists, but it remains unique as the only award that gives every active lawyer in the state the opportunity to participate. Business North Carolina’s Legal Elite includes the top lawyers chosen using this statewide ballot.

Are checkpoints legal?License Checking Stations in North Carolina are popular with law enforcement, especially DWI Task Force units and Drug Recognition Experts.  DUI checkpoints have for decades been a valuable federal funding source through the National Highway Traffic Safety Administration Incentive Grant Program.

Whether in a large city such as Charlotte or Greensboro, or smaller towns like Cornelius, Mooresville, and Monroe NC, it’s important to know your rights regarding checkpoints and the legality of stopping vehicles.

DWI Checkpoints purportedly serve several purposes.  Law enforcement actively seeks visible enforcement efforts.  They want ordinary citizens to see stopped cars, drivers performing roadside dexterity tests, and arrests.

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