As we all know, “ignorance of the law is no excuse” for breaking it. Didn’t know the speed limit? That’s no excuse, and you can bet you’ll be prosecuted for it. Didn’t know it was illegal to sit in your driveway listening to music on your car stereo after having some drinks? That’s no excuse, and you can bet...
Continue ReadingTwo mentally disabled North Carolina men were finally exonerated this week, after being wrongfully convicted over three decades ago as a result of flawed police interrogation techniques. From the NY Times: The two young defendants were prosecuted by Joe Freeman Britt, the 6-foot-6, Bible-quoting district attorney who was later profiled by “60 Minutes” as the country’s “deadliest D.A.” because...
Continue ReadingMany of those charged with a DUI or similar traffic violation know about some of the most common legal consequences for these kinds of convictions. They may know about license suspension and other issues. But there are other long-term consequences of DUI/DWI prosecution that can take many years to go away, and can be problematic for drivers long after...
Continue ReadingOne of the various judgments imposed by North Carolina courts in DUI cases involves the use of an ignition interlock device that will help monitor the behaviors of someone previously charged with these kinds of traffic violations. Knowing about specific rules and restrictions for convicted drivers is part of building a personal defense in local courts. What Is an...
Continue ReadingOne of the many processes that DUI/DWI-convicted North Carolina drivers will go through is the eventual reinstatement of a suspended license. License suspensions vary, depending on the type of offense, multiple offense status, and other factors. One thing that many defendants don’t understand about license reinstatement is that, like other aspects of working through a violation conviction, it will...
Continue ReadingIf you’re keeping tabs at home, there was yet another unconstitutional DWI checkpoint (roadblock) executed in Raleigh on January 31, 2014, at Glenwood Avenue and St. Marys Street. Forty-three of your tax-funded law enforcement officers were not fighting violent crimes that evening while they were arresting citizens on their way home from dinner. And, as they like to do,...
Continue ReadingMany drivers in North Carolina are shocked when their vehicle is seized by the state following an arrest (not conviction) for Driving While Impaired (DWI). But, it turns out, the state legislature has made vehicles subject to seizure in any case in which the driver is arrested for DWI while either driving while his or her license is already...
Continue ReadingLet me preface this post with a disclaimer: This should not be treated as legal advice. All cases are different, and this information may not apply in your case. State laws are also different, and I currently only practice law in North Carolina. Finally, there is clearly no single answer to the question of what one “should” do that...
Continue ReadingNo one is safe from the long arm of the various Wake County law enforcement agencies. Here are the date and locations of the latest DWI (“sobriety”) checkpoints in Wake County: Monday, Dec. 30, 2013: SW Maynard and Kildaire Farm Rd. Friday, Dec. 27, 2013: St. Mary’s St. and W Peace St. Be careful out there, and remember that...
Continue ReadingAccording to the News Observer, there is a new “DWI Squad” operating in Raleigh as a subset of the Raleigh Police Department, comprised of a “squad of officers whose sole purpose is to detect and arrest impaired drivers in the city, particularly downtown.” The new task force is funded with federal tax dollars, in the form of a federal...
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