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Scope of Seizure During Traffic Stop

by Aaron Lee | Jan 15, 2014 | Criminal Defense, DUI & DWI, Felony DUI

I have done a few blogs here regarding various search and seizure issues, and this week a new topic within this subject arose in North Carolina regarding drug dog “sniffs” during a traffic stop.  A new decision has been handed down this week that says holding someone...

Warrantless Searches of Homes in North Carolina

by Aaron Lee | Jan 10, 2014 | Criminal Defense, DUI & DWI, Felony DUI

The home is considered to have the highest expectation of privacy in regards to protections granted by the 4th amendment.   In order for police to enter or search home they must either have a warrant that has been issued by a magistrate or fit into an exception to the...

What To Do If Pulled Over After Drinking While Driving in NC?

by Aaron Lee | Jan 10, 2014 | Criminal Defense, DUI & DWI, Felony DUI

So maybe you have had a couple drinks with friends and you don’t feel intoxicated while driving to your destination…but then you see blue lights in your rear view mirror.  The feeling of panic consumes you and you begin to contemplate what should you do?  Will the...

DWI and Chemical Analyst Testimony

by Aaron Lee | Jan 9, 2014 | Criminal Defense, DUI & DWI, Felony DUI

The North Carolina Supreme Court recently made a decision the case of State v. Ortiz-Zape,  that asked them to decide whether a lab test could be admissible in court if the person who conducted was not available to testify. Ultimately the court decided that someone...

Limited Driving Privilege in NC

by Aaron Lee | Jan 6, 2014 | Criminal Defense, DUI & DWI, Felony DUI

In North Carolina if someone has been charged or convicted of DWI his driver’s license will be revoked. It is possible to obtain a limited driving privilege so long as certain conditions are met, and the amount of time someone will have to wait to receive such a...

Reasonable Suspicion and High Crime Area

by Aaron Lee | Jan 6, 2014 | Criminal Defense, DUI & DWI, Felony DUI

A vehicle that is in a high crime area at a late hour alone is not enough to rise to the level of reasonable suspicion that is required to make a traffic stop.  The court will look at all the surrounding factors when making the determination whether reasonable...
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