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No More Checkpoints in Durham!

Just four days after my blog post lamenting the use of presumptively unconstitutional roadblocks in Durham, Police Chief C.J. Davis announced that this intrusive and offensive tactic will no longer be used by the Durham police. According to Chief Davis, effective immediately as of March 5, 2017, “checkpoints in the city of Durham have been directed to cease and...

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DWI Defense in Durham

If you’ve been charged with a DWI in Durham, you’ll need an experienced Durham DWI lawyer to fight for you, both in and out of court. Some factors to consider in choosing a lawyer to represent you through this process: Does the attorney actually take cases to trial, or just collect fees and recommend a guilty plea once the...

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Implied Consent Rights Only Fully Apply if You Speak English

For the English-speaking public, North Carolina state law requires that law enforcement officers read certain rights to DWI suspects orally, and provide those same rights in writing, before the individual is required to decide whether to blow into a breathalyzer (Intox EC/IR II in Wake County) or submit to a blood draw. North Carolina General Statute § 20-16.2 is...

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Warrant Required for Blood Draw from Unconscious DWI Suspect

Until this year, North Carolina law permitted the taking of a blood sample from an unconscious DWI suspect under the apparent rationale that, by the simple fact of being rendered unconscious, we give up the fundamental right to be free from governmental intrusion into the contents of our own blood. North Carolina General Statute § 20-16.2(b) still reads as...

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Expert Foundation Still Required for HGN Testimony

According to the North Carolina Rules of Evidence, Rule 702, a witness properly qualified as an expert may only testify as to matters deemed to be outside of the domain of lay knowledge if the following three foundational criteria are met, under 702(a): (1) The testimony is based upon sufficient facts or data, (2) The testimony is the product...

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DUI and Canadian Border Crossings

Many 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...

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North Carolina DUI Laws and Consequences: Ignition Interlock Devices

One 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...

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Reinstating a North Carolina License after a DWI/DUI

One 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...

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Raleigh DWI Guidelines from Local News Venue WRAL

We all know that Driving Under the Influence or Driving While Intoxicated is a serious kind of charge, with substantial consequences for those accused. But how does this kind of infraction make its way through the North Carolina legal process? Local affiliate WRAL maintains some basic resources on Raleigh DUI/DWI law on its web site. These practical summaries of...

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New Raleigh Sobriety Checkpoints Trend

Along with an emergence of new Raleigh, North Carolina nightlife, local law enforcement is getting serious about enforcing DWIs through an enhanced system of sobriety checkpoints. Local reporting online from February shows a consistent framework of sobriety checkpoints that apparently have been initiated, in part, by previous DWI court cases. In addition to the traditional sobriety checkpoint, reporters are...

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