by Aaron Lee | Nov 4, 2013 | Criminal Defense, DUI & DWI, Felony DUI
In the infamous case of State v. McKenzie, the court held, over a dissent, that the one-year disqualification of a defendant’s commercial driver’s license (CDL) based on the issuance of a civil license revocation for impaired driving is so punitive that it amounts to...
by Aaron Lee | Nov 1, 2013 | DUI & DWI
The police may arrest you even though you have a BAC of less than .08. When police decide to make an arrest for DWI they do so as a result of the evidence they have that you are driving impaired. In North Carolina someone may be charged with DWI if they are found to...
by Aaron Lee | Nov 1, 2013 | DUI & DWI, Felony DUI
A man in Raleigh has been charged with DWI after he hit a car head-on while traveling the wrong way down a one way street. The accident occurred Sunday. There were two people in the victim vehicle, the driver and his wife, who were both killed because of the accident....
by Aaron Lee | Oct 29, 2013 | Criminal Defense, DUI & DWI, Felony DUI
In 2011, more stringent laws in the state of North Carolina are allowing the state to impose greater punishment, higher fines, and the use of continuous alcohol monitoring (CAM) for repeat offenders. This device is used in 49 states, and has been in place since 2003,...
by Aaron Lee | Oct 28, 2013 | Criminal Defense, DUI & DWI, Felony DUI
The short answer is: Yes, a passenger can be charged with aiding and abetting DWI. In a recent accident, which occurred in Gastonia, NC, two charges related to impaired driving have occurred. Typically, you would think that if drivers have two separate charges, that...
by Aaron Lee | Oct 25, 2013 | DUI & DWI
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...
