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Search Warrant Exceptions

Generally police must obtain a search warrant before they can legally search someone’s home or search their property.  As with most topics in the law there are exceptions to the search warrant requirement.  The most common exceptions that police use are the search of...

Vehicle Seizure after DWI

In North Carolina the law allows for a vehicle to be seized if you are charged with DWI.  This may happen even if you are not the owner of the vehicle you were driving at the time.   There are two situations in which law enforcement officers must seize the vehicle,...

Defense of DWI Despite BAC

If you were arrested for DWI and took the breathalyzer test then the police told you what BAC you blew.  If you blew a .08 or above you may feel done for.  Most of us know if you blow a .08 or above then you can be charged with a DWI.  It is true that at trial the...

DWI and Driving

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...