If there is a better attorney in Wake County, then I have yet to meet him ★★★★★ Ben is a superlative attorney. Ben has a proven track record, excellent work ethic, sound legal instinct, and takes a genuine interest in not only your case, but your life. For the service you’ll get his rate is phenomenal, and the level...
Continue ReadingOne of the most common misconceptions in criminal law and procedure is the significance of a police failure to read Miranda rights — the right to remain silent, and right to an attorney — to a suspect or arrestee. Many people believe that if they are arrested for a drunk driving (DWI or DUI) offense (or drug offense, or...
Continue ReadingA video of DWI Lawyer Ben Hiltzheimer discussing your rights during an impaired driving traffic stop in North Carolina: ★★★ Raleigh DWI defense lawyer Ben Hiltzheimer is a criminal defense attorney in Raleigh, North Carolina, who represents individuals charged with DWIs and the full spectrum of misdemeanors and felonies. Contact us for a free, confidential consultation and case evaluation...
Continue ReadingIf you are arrested on suspicion of impaired driving in North Carolina, you have a number of rights that must be honored in order for the State to convict you of a DWI. One important right is your right to have a witness present at various stages of the investigation, including during administration of the breathalyzer test at the...
Continue ReadingIn Raleigh or elsewhere in North Carolina, if you are arrested on suspicion of a DWI, you have rights that must be honored at specific stages of the process. In State v. Knoll, 322 N.C. 535 (1988), the North Carolina Court of Appeals addressed the issue of a DWI defendant’s right to collect evidence in his or her own defense....
Continue ReadingIf you are charged with a DWI in Raleigh or elsewhere in North Carolina and you refuse to submit to a chemical analysis of your breath (in other words, the large breathalyzer machine at the police station — but not the portable unit that some officers carry in their squad cars), you will face revocation of your license for...
Continue ReadingSeveral sections of the North Carolina code address the issue of impaired driving. The statute itself, describing the elements of the DWI offense, reads as follows: § 20‑138.1. Impaired driving. (a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:...
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