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Burden of Proof in DWI

During a trial for DWI the State does have the burden of proving all the essential elements of the crime including that the defendant was intoxicated.  This element can be proven in a variety of different ways and does not necessarily mean the State has to show the...

Officer testimony in DWI cases

The majority of DWI cases that are heard in court are dependent on the arresting officer’s testimony.  It is the officer’s testimony that will often establish the defendant was impaired at the time he or she was operating a motor vehicle.  Generally the officer must...

Anonymous Tips

This can be a tricky area of the law because the answer is likely going to vary in each individual case.  Ultimately police may be justified in stopping a vehicle based on a tip from someone else.  Generally the information police receive from the tip must be specific...

What is considered a vehicle in a DWI case?

In order to be convicted of DWI someone must be operating a vehicle while under the influence of an intoxicating substance.  The question sometimes arises as to what exactly is a vehicle?  Obviously the term vehicle includes automobiles but in North Carolina the term...