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Victory at Court of Appeals: Duress and DWI

We just won a major appeal at the North Carolina Court of Appeals in a Driving While Impaired case. We’ve had this case from day one, where our client was forced to drive away from a bar where a man had pulled a gun on him. The law provides that in cases where someone is…

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Raleigh DWI Lawyer

What should you look for in a Raleigh DWI Lawyer? A lawyer who is committed to defending you as vigorously possible, using whatever ethical tools available to him or her, and willing to fight as long as it takes to achieve you the results you deserve. The problem with attorneys these days is that any…

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DWI .16 – Victory

Client was passed out in the middle of a road in Cary with a firearm on the passenger seat. He had consumed a large amount of alcohol. Later tests would indicate the client had twice the legal limit of alcohol. During a 2 hour trial, the prosecution was unable to admit the number registered on…

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Not Guilty – DWI

A lot of people think that a lawyer should talk and talk in a trial. But what if you the officer testifying in your client’s DWI trial fails to actually say anything particularly damaging? The state rests. Now it’s time for the defense attorney to decide what to do. He’s got his client sitting next…

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DWI at Fort Bragg

Fort Bragg DWI

While driving while impaired is normally a state crime, when the offense occurs on federal property, such as a military base like Fort Bragg, federal jurisdiction controls and the case will be prosecuted in Federal District Court. Fort Bragg is the largest piece of federal property in North Carolina (outside of the national parks), and…

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DWI Release and Detention

DWI Driving Detention – Knoll Problem

North Carolina appellate courts and statutory law err on the side of the release of defendants from custody on the least restrictive terms possible. The United States Constitution’s Eighth Amendment, too, preserves affordable and reasonable bail as a right, and requires an individualized determination of bail in criminal cases. In certain cases, bail can be…

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The Debut of The Chetson Firm’s DWI Corner

Driving While Impaired, or DWI, is one of the most common charges in North Carolina. In Wake County alone, there are sometimes between 20-30 DWI arrests in each 24 hour period. We don’t think of people charged with DWI as hardened criminals. Most of our clients are hard working professionals that haven’t been in trouble…

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DWI Checkpoints: Must have a Written Policy

On September 11, 2009, 32-year-old Gary Anthony White was driving south on High Street in Polkton, North Carolina, a town in Anson County, about forty miles southeast of Charlotte. Named after its founder Leonidas L. Polk, a farmer, North Carolina Commissioner of Agriculture, and distant relative of President James K. Polk, Polkton has just 3,400…

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Per Se BAC Limits and DWI Cases

Shea Denning has a hypothetical DWI jury instructions question at the UNC School of Government’s Criminal Law blog. She asks whether, in a per se DWI case, the judge should give the pattern jury instruction which includes the line: “The results of a chemical analysis are deemed sufficient evidence to prove a person’s alcohol concentration.”…

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Stopping for a Police Officer (or other Emergency Vehicle)

In a DWI investigation, an officer will sometimes testify that the vehicle was “slow to respond” to the officer’s emergency equipment. The slowness in response is often presented in court as evidence that the driver was impaired. After all, a sober person, it is thought, would respond immediately to the officer’s emergency equipment. It’s important,…

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