A 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 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:
The 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:
In an earlier post “The Grand Jury – What Does It Mean to be Indicted” we briefly mentioned the “indictment” and Grand Jury proceedings. Although most people have a working understanding of what the word “indictment” means and at the least have heard it used previously in news reports, television series and crime novels; most do not understand the integral role it plays in our complex legal system. It is therefore prudent to start from the ground up in understanding what an indictment is and the role it plays in the criminal legal practice.
To recap, the grand jury decides to issue an indictment if it believes there is sufficient evidence to charge someone with a crime. An indictment is the document setting forth such charges. To be specific, North Carolina General Statute 15A-641(a) defines the indictment as “a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or more criminal offenses.” Merrium-Webster Dictionary states the meaning quite simply as “an official written statement charging a person with a crime.”
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 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.
Following an arrest in North Carolina, there are normally a lot of questions. One of the most common is: Are Miranda Rights Required? Attorney Bill Powers, Managing Partner of Powers Law Firm PA discusses the purpose(s) behind Miranda Warnings, what happens in court and whether Miranda Rights are Required prior to and after an arrest for Misdemeanors and Felonies in North Carolina.
https://www.youtube.com/watch?v=sTDTqBmSQRQ
Friends, loved ones and family members of someone accused of a felony are often shocked to learn of the charge or arrest. It’s not unusual for lawyers to be asked: What Can I Do? What Happens Next? What Happens To People Charged With Felonies? How Are Felonies Handled in Court? Frankly, the people charged with the offense, which likely starts with an arrest, face some the same issues. Good information makes for good choices.
The attorneys at Powers Law Firm PA are here to answer questions. Immediately following an arrest, charge or indictment, it makes sense to address:
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
Cyber Crimes in North Carolina, specifically Electronic Bullying and Harassment, are becoming increasingly common as technologies to share and distribute information advance.
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.
Carolina Criminal & DUI Lawyer Blog
