Articles Tagged with DUI

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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?

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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.

Most people have heard of ignition interlock devices before. People are vaguely familiar with the idea that a device is attached to your car that you must first blow into before the ignition will turn over. Beyond this bit of information, most people are in the dark about the specifics for how and when ignition interlock devices are used. To find out more about ignition interlock devices and how they work in North Carolina, keep reading.

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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 the law, holding that a warrantless breath test qualifies as a valid search so long as it is connected to a lawful arrest.

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Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Long before Ferguson police officer Darren Wilson shot Michael Brown, and long before New York City police restrained an alleged untaxed-cigarette seller named Eric Garner, killing him and sparking a wave of protests nationwide, a Texas campus police officer shot and killed a 23-year-old college student outside his campus apartment after pulling him over for suspected drunken driving in circumstances that had some calling for a murder charge against the officer.

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Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

 

New, portable breath-testing machines sold by Breathometer, Inc. and other companies are making waves in the public marketplace, particularly among college-aged and twenty-something adults. Users of the device in North Carolina should beware: it will probably not help you if you are pulled over for drunk driving.

 

What is it?

Breathalyzer Charlotte DWI Lawyer Mecklenburg Alcohol AttorneyIn plain terms, the Breathometer and the newer “Breeze” products are portable, handheld devices that people can use to test their own breath-alcohol content. Entrepreneur Charles Michael Yim founded Breathometer, Inc. in 2012 in order “to build the world’s first portable breath analysis platform to help people make smarter decisions, improve healthcare and save lives.”

The original Breathometer machine plugged directly into the audio jack of a smartphone. The latest “Breeze” product works in a similar fashion, using “a next-generation electrochemical fuel cell sensor[.]” It is an “FDA registered, law-enforcement grade product,” according to Breathometer, Inc.

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