Articles Tagged with evidence

Attorney Bill Powers discusses:  When Do They Need a Search Warrant in North Carolina?

  • Do I Have Rights?

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 in North Carolina.  Smell of booze is enough to arrest.”  Shortly thereafter someone brings up, “Yes, but what about Overocker?  That’s a published decision too, right?”

https://www.youtube.com/watch?v=cl7U95p98pw

Modified Transcript of “Developing Legal Theories in North Carolina” for the Hearing Impaired:

The truth is no two cases are exactly alike.

Magistrate Videoconferencing

See Judge Miller’s Administrate Order:  Magistrate Videoconferencing

North Carolina General Statute NCGS 20-16.2 “Implied Consent to Chemical Analysis” sets forth some of the different protocols we follow in North Carolina in obtaining a Blood Alcohol Content BAC and/or an BrAC or “Breath Alcohol Content” and reads in relevant part:

§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

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