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Law Enforcement Officer’s Mistake Causes Suspension to be Set Aside
In a recent case from our Supreme Court, the Court affirmed the decision of the NC Court of Appeals to set aside a one (1) year NC DMV suspension for Petitioner Lee’s refusal to submit to a chemical analysis of his breath in a DWI criminal case (Richard J. Lee v. William C. Gore; A18A10 .. read more
Law Enforcement Can Enter Your Home Without a Warrant
What was once sacred, “a man’s castle,” just lost considerable ground in regards to our Fourth Amendment right against unreasonable searches. A recent U.S. Supreme Court decision, deriving out of Kentucky, gives law enforcement officers the authority to breakdown the door and enter without a search warrant, if they hear sounds that appear to be .. read more
Law Enforcement Search of Vehicles Narrowed
New search and seizure law requires law enforcement officers to limit their search of a vehicle incident to arrest, to areas within the immediate control of the person arrested for weapons and only for evidence of the crime for which the person is being arrested. When defining what constitutes immediate control, the Court states the area .. read more
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 .. read more
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 .. read more
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 .. read more
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 .. read more
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 .. read more
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 .. read more
