| 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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Mitigating the Consequences of a Level 2 or Higher DWI

We often recommend challenging your DWI in either a pretrial suppression hearing, or at trial, or both.  But we also recommend being prepared in the event that you are convicted of Driving While Impaired.  In order to assess the potential consequences in your case, we’ll need to know certain details about your history and the unique facts of your...

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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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| 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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| Read Time: < 1 minute | Uncategorized

Hiltzheimer Recognized as One of Three Best DWI Lawyers in Raleigh

Three Best Rated recently ranked attorney Benjamin Hiltzheimer as one of the three best DWI lawyers in Raleigh, North Carolina. Attorney Hiltzheimer has represented hundreds of individuals charged with DWIs in Raleigh, as well as Durham, Orange, Chatham, and Alamance Counties. Mr. Hiltzheimer brings a decade of litigation experience to bear on each case he takes on, and takes...

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| Read Time: 3 minutes | blog

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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Horizontal Gaze Nystagmus (HGN): More Junk Science

Bullet lead analysis, hair and fiber analysis, and now the Horizontal Gaze Nystagmus (HGN) test has been added to the growing list of police practices masquerading as “science,” that have now been discredited and revealed as little more than a hoax pulled on the general public by law enforcement as a tool to secure convictions in the absence of...

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| Read Time: < 1 minute | dwi

Heien v. North Carolina: The End of the Fourth Amendment

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...

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