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New changes to misdemeanor classification in NC

The North Carolina legislature recently agreed on a budget that is expected to be approved and signed by Governor McCrory. One change in the budget that will affect attorneys and defendants is the re-classification of certain misdemeanors.  Anyone who is facing a...

Visual speed estimates and Probable Cause

A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed?  In the Fourth Circuit that question appeared to be answered in the case of United States v....

Law Changes in North Carolina

This year has brought about a lot of additions and amendments to criminal law legislation in North Carolina.  Here is a list of some of the most notable changes to the criminal law scheme in North Carolina. 1.)  Cyber bullying of a school employee by a student is now...

Odor of alcohol in DWI cases

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...