Mar 1, 2017 | By Ben Hiltzheimer | Read Time: 2 minutes | blog

DWI Checkpoints in Durham: The Long Arm of the Police State Right Here at Home

Law enforcement agencies in Durham County periodically set up “DWI Checking Stations,” at which every driver is stopped, detained, and investigated without suspicion of any crime.  Sound unconstitutional? Sound like an excerpt from a dystopian novel? Well, the United States Supreme Court of the United States held in City of Indianapolis v. Edmond (2000) that DUI/DWI checkpoints are presumptively unconstitutional.  The...

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Feb 28, 2017 | By Ben Hiltzheimer | Read Time: 2 minutes | blog

DWI Arrests in Durham, 2015-2016

In the fiscal year 2015-2016, local police in Durham arrested and charged 902 individuals with Driving While Impaired and related charges, including Driving After Consuming While Under the Age of 21 (77 cases).  A substantial percentage of those charges occurred on Friday and Saturday nights, when individuals are often driving home after consuming alcohol and the local police are...

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Feb 17, 2017 | By Ben Hiltzheimer | Read Time: 3 minutes | criminal-lawyer

Sexual Exploitation of a Minor in North Carolina

In North Carolina, it is a crime to engage in the production, possession, or distribution of child pornography. Under NC state law, the crime is categorized at three levels: first degree (NCGS 14-190.16), second degree (NCGS 14-190.17), and third degree (NCGS 14-190.17A). To successfully prosecute an individual for 1st Degree Sexual Exploitation of a Minor, the state must prove...

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