Blog | Charlotte DWI Attorney
DWI Charge while Passenger in Vehicle
It is common knowledge that someone may be charged with DWI if he or she is driving a vehicle while impaired. However it is possible to be charged with DWI without ever driving the vehicle. At first glance you are probably wondering how that even works if you never...
Minimum Basis to Justify a Traffic Stop
As long as a police officer has reasonable suspicion to believe a crime is being committed her or she may stop a vehicle in North Carolina. The exact circumstances that amount to reasonable suspicion can sometimes be gray area. In North Carolina the case law is...
Defenses to DWI Charge
Each DWI case presents its own issues and a variety of defenses that may be used. Generally there are certain defenses which can be successfully argued to get a DWI charge dismissed. Here I will discuss the defenses which are most commonly and successfully used. ...
Detainment at Traffic Stop
Police must first have probable cause or reasonable suspicion before they can initiate a traffic stop. Usually the traffic stop is going to be for some type of traffic offense such as speeding, following too closely, failure to yield…etc. In DWI cases the stop may...
Appealing a DWI Conviction
In some situations it may be advisable to appeal a DWI conviction. This occurs when someone is found guilty in District Court but there are additional circumstances that arise which allow the conviction to be challenged. In some cases additional evidence or new...
Intoxilyzer Test Process
Implied Consent laws in North Carolina do require that anyone is suspected of driving while intoxicated must submit to chemical testing. Most of the time this is completed at the police station after an arrest has taken place. Police will set up the breathalyzer...
North Carolina Felony DWI
If you are charged with a DWI in North Carolina it is most likely going to be a misdemeanor as almost all DWI charges fall within the misdemeanor category. The exception to this is if you are to be a habitual DWI offender which is punished as a felony in North...
Drug use and DWI
Those of us operate a vehicle on the road know it is illegal to do so while impaired from consuming too much alcohol. It is just as illegal to operate a vehicle while under the influence of drugs. If you are impaired under either you may be stopped and charged with...
Probable Cause based on Visual Speed Estimate
A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed? In the Fourth Circuit that question appeared to be answered in the case of United States v....
Strictness of DWI laws in North Carolina
There has been a lot of discussion among law makers in North Carolina about toughening up our state’s DWI laws. The opinions are split as to how tough North Carolina’s DWI laws are already. One side of the argument is that those who drive intoxicated need to face...
