Assume for a moment that the police officer has a valid reason or a reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. to stop the car. Does that mean that a driver accused of a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. is sunk? No.

Just because an officer has enough legal grounds to stop a car does not necessarily mean that the officer has legal grounds to arrest the driver on a Driving While Impaired charge (DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.).

The prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. must prove that in the second phase of the police officer’s investigation he developed enough evidence to form a probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. that the driver had been driving while impaired.

The National Highway Traffic Safety Administration teaches two major evidence gathering tasks at this point as part of the officer’s Phase II interaction with the driver. The first task is for the police officer to approach, observe, and interview the driver while still in the car to identify any impairment or intoxication face-to-face.

The officer will identify whether the person has bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches or whether the person is slurring his or her speech, admission to drinking, abusive language, etc.

The officer will also identify any smells – alcoholic beverages, marijuana, cover up of odors, breath-sprays, or unusual odors.

Next time I’ll talk about additional observations the police officer should record before validly arresting the driver.

In State v. Battle, the North Carolina Court of Appeals wrote said that a reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. is a “brief investigatory stop,”

A police officer may conduct a brief investigatory stop of a vehicle, even though there is no probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. for the stop, when justified by specific, articulable facts which would lead a police officer reasonably to conclude in light of his experience that criminal activity may be afoot… These facts and inferences must show a substantial possibility that criminal conduct has occurred, is occurring or is about to occur.

A reasonable articulable suspicionReasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime. Reasonable suspicion is more than just a hunch. requires that the police officer have more than a hunch that something is going on. The facts upon which the officer makes his stop must be specific and he must be able to articulate those in a way that others can understand. For instance, he can’t just say “I just felt that the defendant was driving drunk” or “My gut told me that the defendant was driving drunk.” He must explain why he had the suspicion, and what gave rise to them.

In addition, these observations must be viewed in the context of the officer’s overall experience. An officer with 39 years experience is an officer who might be able to evaluate a situation much more easily than a rookie cop who can’t rely upon such extensive experience. As a consequence, a rookie cop will probably need to know many more articulable facts.

The North Carolina Court of Appeals has established 24 DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. detection cues taught by the National Highway Traffic Safety Administration in State v. Bonds, 533 S.E.2d 855:

1. weaving
2. weaving across lanes
3. straddling a lane line
4. drifting
5. swerving
6. almost striking a vehicle or object
7. turning with a wide radius
8. stopping problems (too far, too short, too jerky)
9. accelerating for no reason
10. varying speed
11. slow speed
12. driving without headlights at night
13. failure to signal a turn or lane change
14. driving in opposing lane or wrong way on one-way street
15. slow response to traffic signals
16. slow or failure to respond to officer’s signals
17. stopping in lane for no apparent reason
18. following to closely
19. improper or unsafe lane change
20. illegal or improper turn
21. driving on other than designated roadway
22. stopping inappropriately in response to an officer
23. inappropriate or unusual behavior
24. appearing to be impaired.

Note that speeding is not one of the DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. cues recognized by the NHTSA, and therefore by North Carolina.

As you can see, many people – even sons and daughters of famous people – have been arrested on Driving While Impaired. While Driving While Impaired (DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.) is a criminal offense, it is one of the most common criminal offenses in the country.

People come to my Raleigh office ashamed of having allegedly committed a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. offense. But what I tell them is that while no one should drive drunk, people should understand that this is a relatively common occurrence.

It’s important, however, that if you are arrested on a Driving While Impaired (DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.) charge, you should understand that North Carolina and the Wake County District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. treat these incidents harshly.

It’s therefore in your best interest to hire an attorney who is going to work diligently and carefully on your case, and who is ready and willing to go to trial – including Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. trial. Trial – in order to defend your rights.

As I’ve written elsewhere, there are a lot of potential defenses to DUI/DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. charges in Wake County and North Carolina. It’s in your best interest to defend against the charges with an attorney who will defend them properly.

In addition, in most cases, you are eligible for the restoration of limited driving privileges within the first 30 days of your arrest. And you are usually eligible for limited driving privileges even following convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

If you’ve stopped at a drunk driving checkpoint in Wake County, or surrounding communities in the Research Triangle, and need an aggressive Raleigh DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. lawyer, contact me at (919) 352-9411 weekdays, evenings, or weekends for free advice.

Checkpoints require a lawyer who will investigate the legality of the checkpoint. The Supreme Court has laid down specific guidelines that police are required to follow when they set up a checkpoint to stop cars. If they have not followed those guidelines, you may escape a convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt., even if you were drunk at the time they stopped you.

In addition, there are a lot of ways to challenge the actual DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. tests they gave you at the time you were stopped. You need a lawyer who is going to fully defend you in the matter.