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Archive for August 2013

Can I be arrested for a DWI without being impaired?

Many people assume that a person must be impaired or a .08 or above in order to be arrested and charged with a driving while impaired offense. This is simply false. Innocent people – that is, people who are not appreciably impaired and who have not had a .08 BrAC or BAC or any amount…

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North Carolina Appeals Court Strikes Down Sex Offender Law

Sex offenders are among the most loathed people in our society. Since the 1990s, states have increasingly regulated the conduct of people registered as sex offenders, and have expanded the definition of sex offender over time. Originally targeted at violent predators, today, a sex offender registration is a requirement of almost all sex-related crimes, including…

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DWI Accidents – The Criminal and Personal Injury Perspective

The majority of the thousands of DWI arrests in Wake County do not include an accident, specifically a multi-vehicle accident. Most DWI stops are the result of a traffic law violation or suspicious driving, but thankfully, few North Carolina DWI’s include the component of a vehicle accident. In North Carolina, it is legal to drink…

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The Avvo Rating: What it Is and What it is Not

A lot of lawyers trumpet their Avvo ratings or the fact that they’re listed as Super Lawyers, Rising Stars and so forth. These ratings are mostly meaningless. Why? Let’s take a look at Avvo, where I’ve got an excellent rating of 8.9. As Sam Glover recently wrote at The Lawyerist, lots of top lawyers are…

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A Shell Game: The Class 3 DWLR misdemeanor

I was interviewed last week by a reporter from the North Carolina Lawyer’s Weekly about the North Carolina General Assembly’s 2013 budget which has quietly re-classified various misdemeanor crimes – largely traffic crimes – from Class 1 misdemeanors to Class 3 misdemeanors. Chief among them was Driving While License Revoked. DWLR is a fairly common…

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