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Pending DUI Charge with Prior DWI Conviction

Prior DWI Conviction Will Affect a Subsequent DWI Arrest Facing a DWI charge is scary enough, but if you are have been previously convicted of DWI and are facing another DWI charge the consequences at stake are greater.  North Carolina has some of the toughest DWI...

Evidence Obtained by Search Warrant Illegally

It is true that in most cases if police have obtained a search warrant it is likely that any evidence they obtained as a result will be admissible in court.  In order to obtain a search warrant police must have probable cause and state with particularity what exactly...

North Carolina DWI Elements

What Does The State of North Carolina Have to Prove to Win a DUI? Like any other crime, the State of North Carolina must prove all DWI elements of the charge in order to win a conviction. And, each element has to be proven “beyond a reasonable doubt”...

Determining if Probable Cause Exists

In North Carolina an objective standard is used when deciding if probable cause or reasonable suspicion existed to execute a traffic stop.   The court will consider many factors in each case to determine if the actions of the police were reasonable.  The question...

Probationary Sentencing for DWI

If you are convicted of a DWI in North Carolina it is possible the judge may issue a probationary sentence.  The question usually arises as to what exactly a probationary sentence entails.  This can get a little complicated and is going to vary depending on what level...