Vehicle Stop in High Crime Area

A vehicle that is in a high crime area at a late hour alone is not enough to rise to the level of reasonable suspicion that is required to make a traffic stop.  The court will look at all the surrounding factors when making the determination whether reasonable...

Proving DWI for Conviction

In North Carolina in order to be convicted of a DWI the first element the State must prove is that you were driving a vehicle on the highway, on the street, or any public vehicular place.  In fact this is what N.C.G.S. 20-138.1 states.  So if you were reading the...

Standard Field Sobriety Tests

If you have been pulled over and the police officer suspects you are intoxicated he is likely to ask you complete field sobriety testing.  Having to complete these tests may be very nerve-wrecking and if you are not legally intoxicated the fear of failing these may be...

North Carolina Sentencing and DWI

In North Carolina if someone is convicted of DWI there are six levels of sentencing that s/he could be placed in. The most severe punishment is at an Aggravated Level One and the least severe is a Level Five. The judge will hold a sentencing hearing after a conviction...

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...