Articles Tagged with probable cause

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Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, EXPERT-WITNESSES-IN-DUI-CHARGES and medical conditions that could affect impairment assessments. This article examines the different types of experts used in North Carolina DWI cases, how courts determine whether their testimony is admissible under Rule 702, and what legal considerations apply when presenting expert evidence in court.

Understanding these issues can help if you’re facing a DWI charge. Expert testimony can play a significant role in North Carolina Driving While Impaired (DWI) cases, particularly when scientific, medical, or technical issues arise.  Whether challenging the accuracy of a chemical test, questioning how an arrest was conducted, or providing insight into how a collision occurred, experts may help clarify complex evidence for a judge or jury.

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North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary IMAGE OF A POLICE OFFICER INVESTIGATING DRUNK DRIVING CHARGES screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on a driver once probable cause is established. Although both tests relate to detecting alcohol, they serve different functions and carry different legal consequences.

This article explains the difference between a quick roadside test (like a PBT) and the more detailed evidentiary procedure (commonly an Intoximeter EC/IR II test), as well as the implications of refusing to cooperate at either stage. If you want to discuss an implied consent issue or need guidance on a DWI charge Mecklenburg, Union or Iredell County NC, please call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com. A thorough understanding of North Carolina law can clarify how your case might proceed if you encounter allegations of driving while impaired.

Table of Contents: Breath Testing in North Carolina

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Shawn Patrick Ellis created quite a kerfuffle in more ways than one.REASONABLE SUSPICION IN NORTH CAROLINA

His defiant middle finger and later refusal to identify himself to law enforcement resulted in a Superior Court criminal conviction for Resisting Officers.

On a day focused on NC court closures, continuances, and the Coronavirus, Justice Robin Hudson delivered an opinion addressing the legality of giving someone the middle finger.

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Search Warrants are subject to Fourth Amendment protections against unreasonable searches and seizures. Search Warrants

Without “probable cause,” a search is ordinarily deemed “unreasonable” and therefore improper.  As is the case with many legal issues involving criminal charges, there are certain exceptions.

Searches of a home or residence invite additional scrutiny by Courts, given there is a substantial expectation of privacy within “hearth and home.”

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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?”

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Do-You-Consent-to-a-Sniff-Search

By Driving a Car in North Carolina, Do You Consent to a Sniff Search?  Is a Sniff even a Search?  Does the law differ between Vehicles and Persons?

Caselaw Summary For North Carolina v. Warren 

North Carolina Court of Appeals – Publication Date August 4, 2015

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“Probable cause for an arrest has been defined to be a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty…. To establish probable cause the evidence need not amount to proof of guilt, or even to prima facie evidence of guilt, but it must be such as would actuate a reasonable man acting in good faith.” 5 Am.Jur.2d, Arrest § 44 (1962); State v. Harris, 279 N.C. 307, 182 S.E.2d 364 (1971).

Probable Cause Hearings in North Carolina

Modified Transcript of “Probable Cause to Arrest DWI” for Hearing Impaired:

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Modified Transcript of “Reasonable Suspicion To Stop” for Hearing Impaired:

. . .By a reasonable and articulable suspicion that the person seized is engaged in criminal activity.

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