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Articles Posted in implied consent

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Five Misconceptions About DWI in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?” Five Misconceptions About DWI in North Carolina If you get pulled over for a traffic violation, you could face some harsh consequences if you have been drinking. The legal drinking limit in North Carolina is 0.08%…

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What is North Carolina’s Law of Implied Consent in DWI Cases?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical…

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Defenses to a Failed Breathalyzer Test in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?”   If you were pulled over for driving while impaired (DWI) in Charlotte or other parts of North Carolina, a police officer might order a breathalyzer test to determine your blood alcohol concentration (BAC). If you…

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U.S. Supreme Court to Hear Case on Implied Consent

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few…

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The Rights You’ll Forfeit by not Calling Your DWI Attorney Over the Holidays

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”   With so many holidays right around the corner, we wanted to take this opportunity to remind everyone of the imperative of calling your attorney immediately if you…

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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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Court Tackles Implied Consent Law

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   The Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed…

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