Articles Tagged with implied consent

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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?”

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 that will be heard by the justices in the coming term. The case revolves around the issue of implied consent. State v. Mitchell originated in Wisconsin, but its content is not a stranger to North Carolina. The North Carolina Supreme Court heard a case about implied consent in State v. Romano. In Romano, the North Carolina court found that withdrawing blood from an unconscious DWI suspect violated the Fourth Amendment because there was no exigent circumstance.

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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 are arrested or face new criminal charges this holiday season.

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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 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.