by Aaron Lee | Oct 21, 2013 | Criminal Defense, DUI & DWI, Felony DUI
Each state is different when citing a person under the influence of alcohol or drugs; however, there are similarities that may be helpful to all when they have been recently charged with a DUI/DWI. Specifically, no matter which state you are in, if you are cited for...
by Aaron Lee | Oct 17, 2013 | Criminal Defense
A decision was handed down by the court found that holding someone during a traffic stop does not violate the 4th amendment so long as the detention is “de minimis.” So now the legal question that arises is when does a detention exceed the de minimis scope? In the...
by Aaron Lee | Oct 16, 2013 | Car Accidents, Criminal Defense, DUI & DWI
A man from Gastonia, North Carolina has been arrested after he drove from the road and passed out behind the wheel. The man was thereafter charged with habitual impaired driving due to the fact that he has previous DWI charges. According to the police report, the man...
by Aaron Lee | Oct 14, 2013 | Criminal Defense, DUI & DWI
State v. Wilson, a North Carolina DWI case, presents a compelling framework for suppression of evidence in a DWI case. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted having his blood drawn, a police...
by Aaron Lee | Oct 11, 2013 | Criminal Defense, DUI & DWI, Felony DUI
In North Carolina, certain motor vehicle infractions allow for points to be placed against one’s driving record. If a driver receives seven points, that driver may be forced to enter the driver improvement clinic (DIC). The fee for this clinic is $50, and upon...
by Aaron Lee | Oct 9, 2013 | Criminal Defense, DUI & DWI
In North Carolina, in order to be convicted of driving while intoxicated (DWI), the State has the burden to prove that all of the elements of DWI have been met beyond a reasonable doubt. The three elements the State must prove include: A vehicle was being driven The...
