When it comes to “Driving While Impaired” charges, a person’s ability to gather evidence in their own defense can become a game of minutes. While the State gets to detain you, arrest you, and run you through whatever sobriety tests and chemical analyses they deem appropriate, a suspect’s options are much more limited. Considering that alcohol and other impairing...
Continue ReadingWhile you may get out of a speeding ticket or even a simple marijuana possession charge with nothing more than a citation, more serious charges may result in your arrest. If you are arrested, you must be processed, and conditions of pretrial release must be addressed. This October, the North Carolina Legislature passed the North Carolina Pretrial Integrity Act....
Continue ReadingEfforts to address domestic violence concerns have resulted in broad legislation aimed at preventing firearm access to those charged with or convicted of certain offenses. While in some cases these barriers to access are temporary, in other cases they have permanent implications. As a result, certain misdemeanors, even those based on minor altercations, may result in a lifetime loss...
Continue ReadingState v. Cobb: The NC Supreme Court Eases the Requirements for Establishing the Reasonableness of Traffic Checkpoints. A few days ago, the Supreme Court of North Carolina published their opinion easing the required showing to establish the reasonableness of a DWI/Traffic Checkpoint in State v. Cobb. This opinion reverses a decision by the North Carolina Court of Appeals, which...
Continue ReadingState v. McKoy: The Court of Appeals Closes the Door on Character Evidence Harmful to the State; Eases the State’s Burden of Overcoming Proof of Self Defense. In the recently decided case State v. McKoy, A fractured North Carolina Court of Appeals panel ruled 2-1 in favor of the State; establishing precedent that not only undermines defense attorneys’ ability...
Continue ReadingHiltzheimer Law Office announces that founding attorney Ben Hiltzheimer has been named to the Super Lawyers list for North Carolina. This is an exclusive list, recognizing no more than five percent of attorneys in the state. Super Lawyers, part of Thomson Reuters, is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer...
Continue ReadingWhile the law may seem old and static, it is quite dynamic. As part of our state’s “Common Law” jurisprudence (theory or philosophy of law), cases build on each other over time. As a result, the law continuously evolves to compensate for changes in society, technology, and the like. While no two cases are the same, there is often...
Continue ReadingToday, North Carolina has finally re-vamped their unduly harsh and unnecessarily restrictive interlock laws. The new interlock bill does, in relevant part, the following things: Eliminates the mandatory waiting periods for driver’s license restoration or limited driving privilege if a person is operating a motor vehicle that has a functioning ignition interlock system installed on it. (effective date: Limited...
Continue ReadingWe are excited to be joined by Robert DiDomenico, who is a new associate attorney with Hiltzheimer Law Office. His work with the firm will focus on criminal defense on behalf of the firm’s clients in Wake, Durham, Orange, and surrounding counties. Robert is a graduate of UNC School of Law, where he served as class president of the...
Continue ReadingHiltzheimer Law Office is pleased to announce that founding attorney Ben Hiltzheimer has been named to the 2022 edition of Best Lawyers in America®, one of the legal profession’s oldest and most respected peer-review publications. The methodology employed by Best Lawyers® is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities...
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