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DWI after Previous DWI Convictions in North Carolina

by Aaron Lee | Jan 2, 2014 | Criminal Defense, DUI & DWI, Felony DUI

Facing a DWI charge is scary enough, but if you are have been previously convicted of DWI and are facing another DWI charge the consequences at stake are greater.  North Carolina has some of the toughest DWI laws in the nation and as a result multiple DWI convictions...

Traffic Stop Procedure: What a driver should know

by Aaron Lee | Jan 2, 2014 | Car Accidents, Felony Drug Possession, Felony DUI

You are driving down the road when suddenly those dreaded blue flashing lights appear in your rear view mirror.  You may be thinking “Wait, what have I done wrong?” Once you have a chance you pull over and the officer approaches your window.  Likely you are so nervous...

What Are the “Legal Elements of a Crime” in North Carolina?

by Aaron Lee | Jan 1, 2014 | Criminal Defense, General, News

In North Carolina, and essentially every other state, any crime has four basic elements that must be proven before someone can be charged. The elements are the following: 1.) Actus Reus (physical act), 2.) Mens Rea (mental state), 3.) Causation, and 4.) Social Harm....

Dismissal of Case when Private Individual Presses Charges

by Aaron Lee | Dec 31, 2013 | Criminal Defense

The answer to the question is simple: Not necessarily.  Usually when charges are pressed against someone it is up to the District Attorney to decide if the charges will be dropped before the case gets to trial. Simply because the person who may have initially pursued...

How “Visual Estimate of Speed” works in North Carolina

by Aaron Lee | Dec 30, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, 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....
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