by Aaron Lee | Oct 22, 2013 | Criminal Defense, DUI & DWI, Felony DUI
In North Carolina there are two types of DWI’s that are felonies. Felony death by motor vehicle, which a person is charged with if someone dies in an accident that was caused by a drunk driver. Felony death by motor vehicle can also be charged as second degree...
by Aaron Lee | Oct 22, 2013 | Criminal Defense, DUI & DWI
In North Carolina, there are various laws with regard to driving while intoxicated (DWI) infractions. First, with regard to driving privileges, if an offender registers a .08 or greater in a blood or breathalyzer test, or have refused to take such test, one’s...
by Aaron Lee | Oct 21, 2013 | DUI & DWI
A popular question that often comes when discussing probable cause for a traffic stop is can a police officer stop someone based only on a visual estimate of their speed? In the Fourth Circuit that question appeared to be answered in the case of United States v....
by Aaron Lee | Oct 21, 2013 | Criminal Defense, DUI & DWI, Felony DUI
Each state is different when citing a person under the influence of alcohol or drugs; however, there are similarities that may be helpful to all when they have been recently charged with a DUI/DWI. Specifically, no matter which state you are in, if you are cited for...
by Aaron Lee | Oct 17, 2013 | Criminal Defense
A decision was handed down by the court found that holding someone during a traffic stop does not violate the 4th amendment so long as the detention is “de minimis.” So now the legal question that arises is when does a detention exceed the de minimis scope? In the...