by Aaron Lee | Mar 17, 2014 | Criminal Defense, DUI & DWI
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...
by Aaron Lee | Dec 16, 2013 | Criminal Defense, DUI & DWI, Felony DUI
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 often...
by Aaron Lee | Oct 25, 2013 | 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 | Oct 21, 2013 | 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....
by Aaron Lee | Oct 2, 2013 | Criminal Defense
On 7/3/2012 the NC Court of Appeals reversed the decision of State v. Harwood regarding an anonymous tip amounting to reasonable suspicion for the police to make a seizure. In the original decision it was held that police were justified in handcuffing a Defendant...
