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Habitual Felons in North Carolina

Habitual Felons in North Carolina Felonies are usually serious charges that can result in severe penalties if convicted. The penalties are designed to deter people from committing crimes in the future. Sometimes, a convicted felon commits another crime. Most states have laws in place that require stiffer penalties when someone…

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New Legislation Requires In-Vehicle Breathalyzers by 2026

New Legislation Requires In-Vehicle Breathalyzers by 2026 Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is…

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New License Plate Reader Program Takes Effect in 2024

New License Plate Reader Program Takes Effect in 2024 More and more police departments are using automated license plate readers to assist them with law enforcement. There has been controversy surrounding the use of these devices and concern about what law enforcement does with the data. In Charlotte, for instance,…

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What is the Difference Between a Misdemeanor and Felony?

What is the Difference Between a Misdemeanor and Felony? When you are charged with a crime it may be classified as either a misdemeanor or a felony. Regardless, any criminal charges against you are serious and could result in severe consequences. Some penalties could include a prison sentence, fines, probation,…

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Can I Record a Traffic Stop?

Can I Record a Traffic Stop? We live in the digital age, where everyone has a phone that takes photos and videos. Because of this, people have access to recordings everywhere they go. You are likely aware of the many postings of traffic stops and police encounters that are posted…

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When can North Carolina Police Lawfully Search Your Vehicle?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   Even if you did not commit a crime, talking to police officers during a traffic stop can be a stressful experience. When police suspect that you have committed a crime, they may…

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Study based on FBI statistics shows in NC “black individuals were arrested more than 2.5x as often as white individuals”

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   The killing of George Floyd by a police officer in Minneapolis, Minnesota, triggered a wave of nationwide protests against racial injustice and police brutality. A new study showed that black people are more likely to…

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Your Rights During a Traffic Stop in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Most of the time, a person’s only interaction with law enforcement is during a routine traffic stop. It is not unusual to have a cop pull you…

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Common Mistakes Officers Make During DWI Arrests

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In North Carolina, a driver can be charged with Driving While Impaired (DWI) if he or she has a blood alcohol concentration of .08 or more, or…

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Can Police Take My Gun During a Traffic Stop?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all…

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