DWI while not on Highway

In order to be convicted of DWI in North Carolina one of the elements that the government must prove is that the accused was driving on “any highway, any street, or any public vehicular area within this State.” N.C. Gen. Stat. § 20-138.1 The portion which states the...

Traffic Stop for Lack of Signaling

In North Carolina under G.S. 20-154(a) a driver “before starting, stopping or turning from a direct line shall first see that such movement can be made safely…and whenever the operation of any other vehicle may be affected by such movement, shall give a signal as...

Detection of Alcohol Odor and DWI

The odor of alcohol alone is not enough to support a conviction of DWI and is not enough by itself to justify probable cause to arrest.  It is not illegal to drive after drinking, it is just illegal to drive while impaired which in North Carolina impairment is a BAC...

DWI while on Horse

In odd news a story was reported today from Florida regarding a drunk man who fled from police.  The police received complaints that about an intoxicated man riding around a Florida town and went to investigate.  The twist to this story is that the man was not...

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...