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So far chip has created 16 blog entries.

Lab Mistake Cost the State the Conviction

In a felony trafficking case of opium a veteran chemist of some thirty-four years with the State lab, admitted under oath that he had not tested all of the pills submitted.  The chemist went on to state under oath that he had conducted a chemical analysis on about half of the items submitted and the [...]

Alcohol Concentration of .08 or Greater Does Not Automatically Equal a Guilty Verdict

In North Carolina the alcohol concentration evidence in DWI cases, is only prima  facie evidence that one was impaired while driving.  It does not create a legal presumption that (automatically) requires the fact finder to find guilt (State v. Simmons, 698 S.E.2d 95 (2010) citing State v. Narron, 193 N.C. App. 83, 666 S.E. 2d [...]

DWI-Asthma Not a Defense?

Opinion testimony by the arresting officer that asthma has no effect on a person’s ability to provide a sufficient breath sample was admitted over defendant’s objection by the Judge in the defendant’s jury trial. Additional evidence offered without objection was that the defendant’s inability to provide a breath sample was an attempt on behalf of [...]

Reasonable Suspicion for Vehicle Stops Extended

No more is safe driving and having the vehicle you are driving in proper working order enough to avoid being stopped. If you are driving a vehicle where the registered owner is revoked, law enforcement can pull you over under new law. The NC Court of Appeals in a first impression ruling stated that law [...]

Nervousness Not Enough for Continued Detention by Law Enforcement

Being noticeable nervous is not justification on its own to detain somebody according to a recent ruling from the NC Court of Appeals. The case in question, involved the stop of a vehicle based on the defendant’s weaving in his lane of travel and suspicion of driving while impaired. The police officer after stopping the [...]

Magistrate’s Mistake Doesn’t Equal a Dismissal in a DWI

The DWI laws in North Carolina continue to get tougher and more friendly to the government. In a recent case, where a Magistrate was found to have violated the defendant’s rights by setting a secured bond on a DWI charge without making necessary findings to support setting the bond, the NC Court of Appeals said [...]