by Aaron Lee | Aug 5, 2013 | DUI & DWI
The PBT (portable breath testing device) is commonly used by law enforcement officers to obtain a sample of someone’s breath to determine what BAC level he or she has. These portable devices are most often used during a traffic stop on the side of the road. A common...
by Aaron Lee | Aug 1, 2013 | DUI & DWI, General
A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed? In the Fourth Circuit that question appeared to be answered in the case of United States v....
by Aaron Lee | Jul 24, 2013 | Criminal Defense, 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...
by Aaron Lee | Jul 24, 2013 | DUI & DWI
The answer is it depends. Looking at case law dealing with a delay at a green light or intersection in North Carolina it appears to be a very fact specific inquiry. Police only need to have reasonable suspicion to initiate a traffic stop and courts will examine all...
by Aaron Lee | Jul 22, 2013 | Criminal Defense, DUI & 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...
by Aaron Lee | Jul 22, 2013 | Criminal Defense, DUI & DWI
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...
