Articles Tagged with DUI

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Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

Drinking and driving is a serious offense in North Carolina. As such, a conviction of driving while impaired (DWI) can result in serious consequences. Common punishments include fines, jail time, probation, and license suspension. Most people rely on driving to get around. When there is no convenient access to public transportation, lack of carpooling options, or any other transportation issue, the suspension of a license can be inconvenient and catastrophic. That is why you need an experienced DWI attorney to represent you in any DWI proceeding so that you can get the best outcome possible given the circumstances.

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Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Elizabeth Renter was driving for the rideshare service Lyft in Illinois when she got into an accident that killed her passenger. Renter was charged with a misdemeanor count of driving under the influence of a drug. Travis Anderson was the driver of the car that crashed into the Lyft driver, and was also found to be under the influence, according to The Patch.

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Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

It’s been a few years now since the U.S. Supreme Court issued a landmark DUI decision in Birchfield v. North Dakota. That case represented a major development in drunk driving jurisprudence and the impact continues to be felt across the country. Since the Supreme Court issued its opinion, state courts have struggled to interpret the decision and decide how it impacts cases that were pending prior to its issuance.

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Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this is exactly the sort of situation that DUI/DWI crimes were meant to address, a recent incident in Atlanta highlights an odd facet of the system. According to law enforcement authorities, the fact that one driver was so far gone, clearly impaired and destructive, meant he actually managed to avoid a DUI charge. Now let’s explain why.

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Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made a sufficiently compelling case for obstruction of justice charges, something that could land President Trump in serious legal hot water. But what is obstruction of justice and what might happen in this case even if it is found to have occurred? To find out, keep reading.

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Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement has proven useful for those perpetrating crimes, it’s proven to be even more of a boon for those investigating criminal matters. Police have stayed several steps ahead of the courts, taking advantage of ambiguities in the law to use technology for their benefit.

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DWI in North Carolina Most Frequently Asked Questions FAQ

If you’re a regular drinker you might be familiar with your state’s blood alcohol concentration (BAC) limits. This number is quite important after all, as even a few percentage points can make the difference between being deemed a criminal or a responsible social drinker. The BAC limit measures how much alcohol a person has in his or her system at a given time and this number is used as a proxy for the person’s overall level of intoxication. The idea is that the higher the BAC, the more likely it is that the he or she is dangerously impaired and presents a risk to themselves or others on the road.

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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 underline how unpredictable the nation’s highest court’s decisions on search and seizure rights are after the death of Justice Scalia.

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Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.

The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to submit to an alcohol test. The decision says that police must obtain search warrants before requiring a driver to submit to a blood alcohol test. A warrant will not be required, however, for breath tests.

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Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

James Lee Johnson was indisputably impaired as he drove to his Hendersonville, North Carolina home one night in February of 2013. He blew a 0.13 on the blood alcohol test the police officer gave him—well above the legal 0.08 limit. The officer testified later that Johnson’s face was red, he was glassy-eyed and his speech was slurred. So how did Johnson just defeat a DWI rap?