Rights during police stop

Assault and Battery Charges in North Carolina

Published on: July 3, 2024 | On behalf of Arnold & Smith, PLLC

Assault and Battery Charges in North Carolina

Assault charges are among the most common types of criminal charges in North Carolina. A conviction of assault charges could result in serious penalties that may include jail time, fines, community service, and more. In North Carolina, there are three main types of crimes that are similar. These include assault, battery, and affray. While these are defined as separate crimes, the penalties if found guilty are basically the same.

Assault – Assault in North Carolina law is defined as “an attempt to injure another by use of force or violence, or an act of force or violence that places another person in reasonable fear of immediate bodily harm.” An assault occurs when someone intends to cause harm to another and not by accident.

Should I Fight a Speeding Ticket in Court?

Published on: June 26, 2024 | On behalf of Arnold & Smith, PLLC

Should I Fight a Speeding Ticket in Court?

Almost everyone receives a speeding warning or ticket at some time in their lives. A speeding ticket is not necessarily a big deal, but in some cases, it can have a lasting impact. Generally, you have the option to simply send in a payment for the ticket or request a hearing. If you pay the ticket, you are admitting guilt, and therefore, you will be assessed a number of points on your driver’s license. If you wish to fight a speeding ticket, it is often helpful to seek guidance from an experienced defense attorney.

What are Points and Why Do They Matter?

What Happens If I Refuse to Take a DWI Test?

Published on: June 26, 2024 | On behalf of Arnold & Smith, PLLC

What Happens If I Refuse to Take a DWI Test?

DWI can happen to almost anyone. You had a few drinks at dinner or have been out with friends and feel that you are not drunk. You get behind the wheel, and suddenly, you are stopped by the police. Although you may have been pulled over for a traffic infraction, the police think you might be impaired and ask you to step out of the car. Now you find that you are being asked to perform field sobriety tests and are asked to take a breathalyzer test.

What is a Breathalyzer Test?

Five Things to Know About DWI in North Carolina

Published on: May 8, 2024 | On behalf of Arnold & Smith, PLLC

Five Things to Know About DWI in North Carolina

Driving while impaired, DWI, is a serious offense and if you are convicted, you could face serious penalties. A DWI conviction can limit your ability to get a job or find an apartment and can increase your car insurance rates. If you are facing a DWI you will want to vigorously defend the charges with help from an experienced DWI attorney. Here are five important things to know about DWI in North Carolina.

The Legal Limit is 0.08% BAC

Is Honking Your Horn Legal in North Carolina?

Published on: May 1, 2024 | On behalf of Arnold & Smith, PLLC

Is Honking Your Horn Legal in North Carolina?

Every vehicle has a built-in horn located on the steering wheel. The horn is needed for emergency situations, but sometimes, honking the horn can cause a problem. With the increase in road rage incidents across the country, it has been noted that using a horn can provoke or incite anger and violence. Some states have made it illegal to honk your horn more than once.

The Law Requires a Working Horn

How Can I Beat DUI Charges in North Carolina?

Published on: April 17, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Beat DUI Charges in North Carolina?

DUI, driving under the influence, is a serious charge. In North Carolina, a blood alcohol concentration (BAC) of 0.08% or higher is considered an impairment for adult drivers of passenger vehicles. The limit for commercial vehicle drivers is 0.04%. If you have been charged with DUI, you will want to take steps to vigorously defend yourself. If found guilty, your sentence could include fines, community service, license suspension, confinement, and more. Many people wonder what strategy they can use to beat DUI charges in North Carolina.

Levels of DWI in North Carolina

Consequences of DUI in North Carolina

Published on: March 20, 2024 | On behalf of Arnold & Smith, PLLC

Consequences of DUI in North Carolina

Driving Under the Influence (DUI) is a serious charge and one that can have a negative impact on your future if you are convicted. In North Carolina, drivers aged 21 and over cannot drive with a blood alcohol concentration of 0.08% or higher or while they are impaired by drugs. Punishments for DUI convictions are generally based on the severity of the situation and whether the driver has had previous offenses. Sentences can include fines, incarceration, probation, and a requirement to attend drug or alcohol classes. You may also face a period of suspension of your driver’s license.

DUI Charges and Penalties

Do I Need an Attorney for a First DWI Charge?

Published on: March 13, 2024 | On behalf of Arnold & Smith, PLLC

Do I Need an Attorney for a First DWI Charge?

In North Carolina, the legal limit for a driver age 21 or older is 0.08% BAC. A driver with a blood alcohol concentration of 0.08% or more is considered impaired. If you are stopped by police and the officer thinks you might have been drinking, they will ask you to do some field sobriety tests and may ask you to take a breath test. You could face DWI charges. Driving while impaired, DWI is a serious charge and one that will negatively impact your life if you are found guilty. You will want to consult with an experienced DWI attorney as soon as possible.

https://youtu.be/2YsaLKA4NMo?si=9SJ85ZyLVQ9vrvqK

Speeding Violations in North Carolina

Published on: February 7, 2024 | On behalf of Arnold & Smith, PLLC

Speeding Violations in North Carolina

Most people have received a ticket for speeding at some point in time. Speeding is one of the most common traffic offenses. If you receive a ticket for speeding, you may wonder what it means to your driving record and whether the offense is considered criminal in nature. You may want to consult with a criminal defense attorney to determine the best course of action and what you can do to fight the charges.

A speeding violation can be more than just an inconvenience. If you are found guilty of speeding you will assess points on your driving record. You will also be required to pay a fine. Sometimes, your car insurance rates will go up because of speeding or other violations. Depending on the circumstances, you could have your driver’s license suspended. In addition, some speeding violations are more serious and if guilty, you will face criminal penalties such as a jail sentence, community service, and more.

How Can I Successfully Defend Against Assault Charges in North Carolina?

Published on: January 24, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Successfully Defend Against Assault Charges in North Carolina?

Assault is a common crime that may be charged as either a misdemeanor or felony, depending on the circumstances. Assault generally means attempting to physically harm another person, and it may be charged even if you did not touch the other person in some cases. Assault is also called simple assault and is generally a less serious crime than assault and battery. If you are charged with simple assault, you will want to take steps to provide the best defense possible. A knowledgeable criminal defense attorney will assist you in vigorously defending assault charges.

Simple Assault in North Carolina