by Aaron Lee | Jul 24, 2013 | Criminal Defense, DUI & DWI
The odor of alcohol alone is not enough to support a conviction of DWI and is not enough by itself to justify probable cause to arrest. It is not illegal to drive after drinking, it is just illegal to drive while impaired which in North Carolina impairment is a BAC...
by Aaron Lee | Jul 24, 2013 | DUI & DWI
The answer is it depends. Looking at case law dealing with a delay at a green light or intersection in North Carolina it appears to be a very fact specific inquiry. Police only need to have reasonable suspicion to initiate a traffic stop and courts will examine all...
by Aaron Lee | Jul 22, 2013 | Criminal Defense, DUI & DWI
During a trial for DWI the State does have the burden of proving all the essential elements of the crime including that the defendant was intoxicated. This element can be proven in a variety of different ways and does not necessarily mean the State has to show the...
by Aaron Lee | Jul 22, 2013 | Criminal Defense, DUI & DWI
The majority of DWI cases that are heard in court are dependent on the arresting officer’s testimony. It is the officer’s testimony that will often establish the defendant was impaired at the time he or she was operating a motor vehicle. Generally the officer must...
by Aaron Lee | Jul 22, 2013 | Criminal Defense
This can be a tricky area of the law because the answer is likely going to vary in each individual case. Ultimately police may be justified in stopping a vehicle based on a tip from someone else. Generally the information police receive from the tip must be specific...
