by Aaron Lee | Dec 17, 2013 | Criminal Defense, DUI & DWI, Felony DUI
A DWI conviction carries with it harsh penalties for anyone, but for those who possess a CDL the penalties may be more unforgiving. Someone who has a CDL can be charged with a DWI if he or she has a BAC of .04 or above whereas for anyone else the legal limit is a...
by Aaron Lee | Dec 16, 2013 | Criminal Defense, DUI & DWI, Felony DUI
The Prayer for Judgment Continued (PJC) is typically used in cases that involve traffic infractions or minor criminal charges. If a PJC is granted it keeps the underlying charge from being recorded against the defendant. Instead of pleading either guilty or not...
by Aaron Lee | Dec 16, 2013 | Criminal Defense, DUI & DWI, Felony DUI
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 often...
by Aaron Lee | Dec 13, 2013 | Criminal Defense, DUI & DWI, Felony DUI
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 laws in the nation and as a result multiple DWI convictions...
by Aaron Lee | Dec 11, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, DUI & DWI
Generally anytime police perform a search they must have probable cause to do so. In some cases police must have a warrant but exceptions do exist to the 4th amendment warrant requirement in which police may perform search so long as probable cause exists. The...
by Aaron Lee | Dec 10, 2013 | Criminal Defense
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 they will be...