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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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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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Flawed police procedures result in two more tragic wrongful convictions, overturned over three decades later by DNA

Two 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...

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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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