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...
by Aaron Lee | Oct 9, 2013 | DUI & DWI
If you were arrested for DWI and took the breathalyzer test then the police told you what BAC you blew. If you blew a .08 or above you may feel done for. Most of us know if you blow a .08 or above then you can be charged with a DWI. It is true that at trial the...
by Aaron Lee | Oct 3, 2013 | Criminal Defense, DUI & DWI, Felony DUI
For each and every DWI case, there are varying circumstances that allow for a variety of defenses to be utilized. There are a few however, which are commonly used in a typical DWI case where for the examples below let’s assume that the police pulled over a 24...
by Aaron Lee | Oct 3, 2013 | DUI & DWI
When someone is arrested for DWI he or she is usually taken to the police station to submit to a breath test. The breath test that is administered at the police station is the test that is required to be taken under the implied consent law in North Carolina. During...
by Aaron Lee | Oct 1, 2013 | DUI & DWI
In North Carolina if someone is convicted of a level 1 DWI he or she may receive 24 months in prison. He or she should be eligible for parole after 2.4 months as long as he or she receives a full award of good time credit and has gone to substance abuse treatment...
by Aaron Lee | Sep 25, 2013 | Criminal Defense, DUI & DWI
On 7/3/2012 the NC Court of Appeals reversed the decision of State v. Harwood regarding an anonymous tip amounting to reasonable suspicion for the police to make a seizure. In the original decision it was held that police were justified in handcuffing a Defendant...
