by Aaron Lee | Mar 17, 2014 | DUI & DWI
What Does The State of North Carolina Have to Prove to Win a DUI? Like any other crime, the State of North Carolina must prove all DWI elements of the charge in order to win a conviction. And, each element has to be proven “beyond a reasonable doubt”...
by Aaron Lee | Nov 12, 2013 | Criminal Defense, DUI & DWI
Generally in any criminal case an attorney while file motions during trial in order to suppress evidence. There are various reasons evidence may be suppressed depending on each individual case. Once a motion is filed the judge will make a decision as to whether the...
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 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...