In most drunk driving cases in Wake County, the District Attorney attempts to prove impaired driving by demonstrating either that the person was "appreciably impaired" at the time he or she was driving, or the person blew a .08 or higher on the Intox EC/IR machine that is used at the Public Safety Center (Jail) ...
Tag Archive: dui lawyer raleigh
Don’t Drive A State Car While Drunk
Here's a thought. Don't drive a state vehicle while drunk! A Illinois politician had to give up his state car when his son, who was driving said car, was arrested for driving while impaired. If you're accused of a DWI Raleigh or DUI Raleigh, feel free to call me. Senate President John ...
Confrontation Clause and DWI Cases – Melendez-Diaz v. Massachusetts
For years North Carolina, like many states, permitted the State to introduce the results of a DWI defendant’s breath test. That meant that the Defendant’s attorney would have no opportunity to question the breath analyst on the stand about the procedure used, whether the breath analyst was certified at the time the test was [...]
What is Possession of Drug Paraphernalia
Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia. The paraphernalia charge is the more serious of the two charges. Misdemeanor possession of marijuana is a class 3 misdemeanor.
Misdemeanor possession of drug paraphernalia is a Class [...]
What is Possession of Drug Paraphernalia
Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia. The paraphernalia charge is the more serious of the two charges. Misdemeanor possession of marijuana is a class 3 misdemeanor.
Misdemeanor possession of drug paraphernalia is a Class [...]
What Happens When You are Charged with a DWI Raleigh?
You will be told about the charges against you by a Magistrate. A Magistrate in North Carolina is not a judge. Rather, a Magistrate is a “judicial officer” of the District Court – North Carolina’s lowest court. A Magistrate’s role is to provide an independent, unbiased review of the police officer’s charges.
In reality, a [...]
DWI vs. DUI. Is there a difference?
Different states call drunk driving by different names. Some states use the term “Driving Under the Influence” (DUI), and other states use the term “Driving While Impaired” or “Driving While Intoxicated” (DWI). Still other states have other acronyms, such as “Operating Under the Influence” (OUI).
It doesn’t matter what the offense is called. Each state [...]
Hiring a Good Raleigh DWI lawyer…
If you’ve recently been stopped for a DWI, you’ve probably received dozens – or hundreds – of letters from lawyers, advertising their services and their prices.
No lawyer can guarantee an outcome. Avoid letters where the lawyer promises a result. And just because you pay more for a lawyer doesn’t mean you’ll get a better [...]
Limited Driving Privileges – Wake County, NC
If you've recently been stopped for a DWI in Raleigh, Apex, or Cary or other parts of Wake County, and you've either refused to take a breathalyzer or blood test or have blown more than a .08, the officer likely confiscated your license. This initial pre-trial revocation lasts for thirty (30) days. At this point you're ...
New York leads the way with tougher DWI, drunk driving laws
In North Carolina, driving with a child under the age of 16 in your car at the time you were impaired is considered a "grossly aggravating factor." If the judge finds that such a factor was involved in your case - that you were driving with a child in the car - then you eligible ...