New changes to misdemeanor classification in NC

The North Carolina legislature recently agreed on a budget that is expected to be approved and signed by Governor McCrory. One change in the budget that will affect attorneys and defendants is the re-classification of certain misdemeanors.  Anyone who is facing a...

Visual speed estimates and Probable Cause

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....

NC DWI Penalties

I’m sure it is no secret that being convicted of DWI has lasting consequences. If you find yourself charged with a DWI it can be a very scary and uncertain time in your life as you now have to decide what course of action to take. What a lot of people may not know is...

HGN DWI test

This test involves the officer asking the driver to focus on a fixed object, usually his finger or a pen, and asking the driver to follow the objects movement using only his eyes without turning his hand. The officer is observing when the driver’s pupil starts to...

Defending Appreciable Impairment?

In most cases brought to trial, a defendant has submitted to breathalzyer testing, and there is a reported BAC level. In those cases, the State of North Carolina only has to prove that an accused driver was (1) driving; (2) in the county where charged; and (3) a BAC...