Determining if Probable Cause Exists

In North Carolina an objective standard is used when deciding if probable cause or reasonable suspicion existed to execute a traffic stop.   The court will consider many factors in each case to determine if the actions of the police were reasonable.  The question...

Probationary Sentencing for DWI

If you are convicted of a DWI in North Carolina it is possible the judge may issue a probationary sentence.  The question usually arises as to what exactly a probationary sentence entails.  This can get a little complicated and is going to vary depending on what level...

Implications of DWI Charge

If you are charged with DWI that in no way means you will or should be found guilty.  The charge is just a beginning step in the process of determining if you should be convicted.  Every individual case will vary but there are almost challenges of the evidence that...

Effect of Implied Consent Laws

In North Carolina, as in most states, there is an implied consent law in place which applies to all drivers in the state.  Implied consent means that by driving on the roads in the state you have given consent for police to administer a chemical test if they suspect...

Vehicle Seizure after DWI Charge

In North Carolina the law allows for a vehicle to be seized if you are charged with DWI.  This may happen even if you are not the owner of the vehicle you were driving at the time.   There are two situations in which law enforcement officers must seize the vehicle,...