Blog | Charlotte DWI Attorney
Dog sniffs and Constitutional implications
A new decision has been handed down this week that says holding someone during a traffic stop does not violate the 4th amendment so long as the detention is “de minimis.” So now the legal question that arises is when does a detention exceed the de minimis scope? In...
Mopeds and Insurance Requirement in NC
Under North Carolina currently you do not need to have a driver’s license in order to operate a moped on the road in our state. Anyone who is at least 16 years old and wears a safety helmet may drive a moped on the road in NC. In order to be considered a moped for...
Roadside Breath Test by Police
The PBT (portable breath testing device) is commonly used by law enforcement officers to obtain a sample of someone’s breath to determine what BAC level he or she has. These portable devices are most often used during a traffic stop on the side of the road. A common...
North Carolina Drug Crimes
The severity of a drug charge depends on what type of drug you possessed. The severity of may be more or less depending on the amount of the drug that was possessed as well, but here I am just going over the types of drugs. In North Carolina drugs are classified...
When a case will be heard in federal court
In the United States there are two major court systems, the federal and the state courts. But what is the difference between the two? Federal courts are established by the United States government and largely handle disputes regarding the Constitution or federal...
Closing Arguments to Jury
An important aspect of jury trials are the closing arguments that are presented by attorneys at the conclusion of the trial. This is the part where the attorney must sell their argument to the jury and argue how the evidence presented during trial best comports to...
Common Myths about Sobering Up
If you find yourself in a situation where you think may have had one drink too many you may contemplate whether you should drive home or not. At the same time you may have heard various tips that are meant to help sober you up. At one point or another we have likely...
Setting up a DWI Checkpoint
At one point we have all likely had to drive through a police checkpoint. Even if you are not doing anything wrong it can still be a nerve-racking experience wondering if the officer will issue a ticket to you for something maybe you didn’t know was wrong. Usually...
Official Termination of a Traffic Stop
When a traffic stop is terminated may vary depending on the circumstances surrounding the individual traffic stop. Most of time a traffic stop is considered terminated once a police officer gives the driver back his license and registration. Most drivers though will...
Police Search of Home
The home is considered to have the highest expectation of privacy in regards to protections granted by the 4th amendment. In order for police to enter or search home they must either have a warrant that has been issued by a magistrate or fit into an exception to the...
