DWI Marijuana: When Every Day is 420
Jun 28, 2015
There are significant hurdles to overcome in a DWI Marijuana prosecution: FST's do not catch marijuana impairment, there is not quantitative legal limit and traditional BAC tests do not capture the ti...
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Finally, a requirement that a person in custody be able to clear outstanding warrants
Jun 05, 2015
A new NC law requires that when someone is in jail on one case and the person has outstanding warrants on unrelated matters, the DOC and the court where the defendant appears, must identify all outsta...
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Did you get stopped by police checkpoint? What you need to know.
May 25, 2015
This guide distinguishes between a legitimate vehicle safety stop and an an impermissible general crime control checkpoint. What is a "Driver's Safety" checkpoint? Police are allowed to set up “Driver...
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Deferral to dismissal for misdemeanors and Class H or I felonies
Nov 16, 2014
New 2014 NC legislation permits a deferral upon an initial guilty plea or funding of guilt under certain circumstances. What is a deferral? This means that you are put on probation but judgment is NOT...
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DWI/DUI: Chemical Tests- you are not in the driver’s seat re choice of test
Nov 16, 2014
In NC, you do not get to choose the type or number of chemical tests you may be asked to provide. The officer is in charge The law in North Carolina provides for the driver to have a witness but only...
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The Assault on Artistic License and the First Amendment in Criminal Court
Aug 24, 2014
Prosecutors are using song and rap lyrics as incriminating statements or confessions and creating a chilling effect on artistic license and the creative process. The Issue In the New York Times articl...
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FYI: PROBATION IS EASY TO VIOLATE
Jun 18, 2014
In North Carolina v. Murchison (232 PA 13, filed June 12, 2014), the North Carolina Supreme Court ruled that in a Violation of Probation hearing, a defendant can be violated based on hearsay. What is...
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DWI/DUI BASED UPON DRUG METABOLITES
Jun 11, 2014
The Arizona case dealt with a DWI based on marijuana metabolites. The metabolites must be shown to have been of the quality and nature to cause impairment. The NCGS stating that the mere presence of m...
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WHAT IS “PROBABLE CAUSE” TO ARREST FOR DUI/ DWI AND WHY SHOULD YOU CARE?
Mar 06, 2014
Scenarios illustrating lack of probable cause occur when the police have very little evidence that you are guilty of impaired driving. The function of this Blog is to educate you so you do not create ...
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YOUR DUI/DWI STOP: KNOW TO SAY NO
Feb 20, 2014
You are stopped by the police and you have either consumed alcohol or legal or illegal drugs. The officer wants to gather evidence against you. Know that you do not need to help the police. The initia...
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