North Carolina uses a structured sentencing system for most of its criminal law. This system is a grid system where a person's prior record level and the seriousness of the current crime are used to establish a sentencing range. Within that range, the judge can set an appropriate sentence. If you have questions ...
Tag Archive: dwi lawyer raleigh
Flawed Breathalyzer Machines Lead to 400 Drunk Driving Convictions
Defense lawyers have known for decades that the machines used by law enforcement to test the blood alcohol concentration in a person's breath - the breathalyzer machine or Intox machines used in North Carolina and Raleigh - are not very reliable. Part of the unreliability of these machines stems from the fact that they have to ...
Wake County Substance Abuse Treatment Providers
Below are some names of Wake County (North Carolina) Substance Abuse Treatment Providers. I am not recommending these providers, but merely providing them for informational purposes. Before you use any provider, you should confirm with your lawyer that the provider is right for your case. First Step Services, LLC - Raleigh 211 Six Forks Rd, ...
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 ...
DWI Lawyer Raleigh: Tricked out DWI Recliner Auctioned for $3,700
A crazy story out of Minnesota about a motorized recliner that was involved in a DWI incident: Previous attempts by Proctor police to sell the chair were foiled -- once when it was erroneously advertised on eBay as a La-Z-Boy model. Then in a do-over, the winning bidder backed out on his $10,999 offer. Kyte ...
What Happens if You Refuse a DWI Breathalyzer?
When is a refusal not a refusal? Under North Carolina’s implied consent laws, anyone driving on the roads of North Carolina “consents” to a breathalyzer or blood examine if an officer has reason to believe the person has been driving while impaired.
If someone “willfully refuses” to submit to a test, the person has [...]
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 [...]
DWI: A Serious Offense, A Serious Lawyer
In North Carolina, a DWI conviction results in a revoked license, possible jail time, costly fines, and a tarnished record. The good news is that you have rights, rights as sacred as any principle under our Constitution. You deserve a lawyer who forces the State to prove every element of its case, as if your life depended upon it. And if the time ever comes when you might be found guilty, you need a lawyer who can plead for compassion…
Putting MADD in Charge of the Nation’s Highways
Reason magazine has an article by Radley Balko about MADD and its influence in the current administration:
Hurley’s pending appointment is bad news for social drinkers, motorists, and anyone interested in freedom of movement and less hassle on the roadways. Hurley is an anti-alcohol zealot, and a longtime proponent of just about any highway regulation that’s [...]
DWI Raleigh Breathalyzer Refusals
In North Carolina, you have the right to refuse to take a breathalyzer test. In fact, the person administering the test – the police officer himself or the breathalyzer technician – is required to provide you with a written explanation of your rights.
If you are able to have someone – including an attorney – [...]