J. Bradley Smith’s Answers

J. Bradley Smith

Charlotte Criminal Defense Attorney.

Contributor Level 8
  1. My DUI trail is pending , I have to go back to my home country and will comeback after 6 month .

    Answered about 1 year ago.

    1. J. Bradley Smith
    2. James Kevan Minick
    3. Timothy J. Vanderweert
    4. Ethan Patrick Meaney
    4 lawyer answers

    In North Carolina control of the docket or court calendar is given to the District Attorney. Your attorney will need to explain to the District Attorney your travel plans and request that the case be moved to a court date when you return to the United States. Your ability to re-enter the United States will not be effected by this pending charge. Of course other immigration issues could potentially impact your ability to re-enter the United States. Your attorney should be able to answer all...

    12 lawyers agreed with this answer

  2. Is there any way to avoid the installation of an IID after my first DUI?

    Answered 7 months ago.

    1. J. Bradley Smith
    2. Adam M. Seifer
    3. Brandon Rice Roseman
    4. F. "Bill" William Powers
    5. Charles Christopher Adkins
    6. ···
    6 lawyer answers

    The only way to avoid the IID is to fight you DWI charge and win. If you were arrested while standing at a gas station pumping gas, it sounds like one of your defenses may be operation. It will ultimately be the state's burden to prove each of elements of Driving While Impaired. Call an attorney to discuss your case. Good luck.

    9 lawyers agreed with this answer

  3. DUI with possible bodily injury.

    Answered about 1 year ago.

    1. Ernest Clarke Dummit
    2. Daniel Nelson Deasy
    3. James Kevan Minick
    4. J. Bradley Smith
    4 lawyer answers

    Don't second guess your attorney. Talk with the lawyer you have hired about what constitutes a grossly aggravating factor. He or she will be able to answer that question for you. Good luck! J. Bradley Smith Managing Member Arnold & Smith, PLLC jbs@arnoldsmithlaw.com<mailto:jbs@arnoldsmithlaw.com> Please excuse the brevity of this message and any typographical or grammatical errors, as it was sent via smart phone.

    6 lawyers agreed with this answer

  4. Just a question

    Answered 7 months ago.

    1. Adam M. Seifer
    2. F. "Bill" William Powers
    3. J. Bradley Smith
    4. Charles Christopher Adkins
    5. William W Housley
    5 lawyer answers

    The United States Supreme Court has determined that DWI checkpoints are constitutional when the primary purpose of the checkpoint is to check for impaired drivers, and the checkpoint is reasonable. Our Supreme Court has developed a three prong test to determine the reasonableness of the checkpoint. (1) the gravity of the public concerns served by the seizure, (2) the degree to which the seizure advances the public interest, and (3) the severity of the interference with individual liberty....

    5 lawyers agreed with this answer

  5. Is the evidence they took from her vehicle valid under the circumstances

    Answered about 1 year ago.

    1. Christopher James Welch
    2. J. Bradley Smith
    3. Anna Morrison Goodwin
    3 lawyer answers

    When officer conducts any type of non-consensual seizure of a person, he or she must comply with the Fourth Amendment to the United States Constitution which prohibits unreasonable searches and seizures. The North Carolina Supreme Court has held that an officer conducting a traffic stop on a vehicle must have reasonable articulable suspicion that some type of criminal activity is afoot. In other words, the officer must observe driving that viewed objectively, would suggest there is a...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Rising BAL defense in Union County NC

    Answered about 1 year ago.

    1. James Kevan Minick
    2. Ernest Clarke Dummit
    3. Matthew Vernon Silva
    4. J. Bradley Smith
    5. David Landon White
    5 lawyer answers

    You should definitely consult with an attorney about your case. An attorney experienced in handling Driving While Impaired cases will be able to advise you of potential defenses you may have with respect to your case. J. Bradley Smith Managing Member Arnold & Smith, PLLC jbs@arnoldsmithlaw.com<mailto:jbs@arnoldsmithlaw.com> Please excuse the brevity of this message and any typographical or grammatical errors, as it was sent via smart phone.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How can a defense attorney argue this?

    Answered about 1 year ago.

    1. C. Adam Barrington III
    2. Benjamin Harris Van Steinburgh
    3. J. Bradley Smith
    4. Sarah Jessica Farber
    5. Neil W Harris
    6. ···
    6 lawyer answers

    I would recommend that you talk with an attorney directly about this situation rather than posting this sort of question on a public website.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Must you be read your Miranda Rights by officers prior to any interrogation while they have you detained?

    Answered over 1 year ago.

    1. Sarah Jessica Farber
    2. Christopher Daniel Leroi
    3. Peter John Marek
    4. J. Bradley Smith
    5. Christopher A. Connelly
    6. ···
    6 lawyer answers

    If you are subjected to a custodial interrogation, meaning you are questioned about a crime after an arrest, you must be read your rights under the Miranda decision.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I got a drinking citation and have to go to court. what is most likely going to happen in court?

    Answered 7 months ago.

    1. Adam M. Seifer
    2. F. "Bill" William Powers
    3. J. Bradley Smith
    4. Frank Mascagni III
    4 lawyer answers

    You should probably consult with an attorney before going to court. If you plead guilty to additional charges while your license is suspended, it may further impact your ability to get your license back. Good luck.

    4 lawyers agreed with this answer

  10. Are DWI charges more or less likely to get dropped if they are issued at a checkpoint?

    Answered 9 months ago.

    1. F. "Bill" William Powers
    2. Adam M. Seifer
    3. Daniel Allen Meier
    4. J. Bradley Smith
    5. John Owen Moeller
    6. ···
    6 lawyer answers

    Whenever an individual is stopped at an impaired driving checkpoint or any type of vehicular checkpoint, there several constitutional hurdles that the state must first overcome to avoid having the case dismissed. First, the state must show the court the primary programmatic purpose of the checkpoint. According to the United States Supreme Court impaired driving checkpoints are a permissible reason for the government to conduct a checkpoint. If your attorney challenges the constitutionality of...

    4 lawyers agreed with this answer