Being pulled over for DWI is a nerve-wracking experience. Now that you’ve been arrested, it’s natural to wonder what will happen to you. What you can expect depends in large part on these factors: Whether you refused the Intoxilyzer test Your blood-alcohol...
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Criminal Defense
Why did I get a ticket when my gun was in my car’s open console?
That’s enormously frustrating. People with concealed carry permits can travel with their weapons concealed in their vehicles. If you do not hold a permit, weapons cannot be concealed in the vehicle. So, if law enforcement pulls you over and you are not the holder of a...
Can you appeal a DWI conviction in North Carolina?
It depends. In general, you can file an appeal in a criminal case if you can show one of two things. Either the judge made a mistake in the law or there was a clear mistake in fact. In either case, the error must have had the ability to change the outcome of your...
Can police officers lie to you?
The short answer? Absolutely. Yes. Police officers can and do lie to people during investigations. This may come as a surprise to some movie and TV viewers. It’s a common trope in Hollywood that police officers can only lie if it’s absolutely necessary to maintain...
Yes, it’s illegal for unmarried couples to cohabitate in North Carolina
The times may have changed, but North Carolina law has not. It’s still against the law for unmarried, heterosexual couples to “lewdly and lasciviously associate, bed and cohabit together.” Getting caught doing this could get you charged with a Class 2 misdemeanor,...
Is eyewitness testimony always accurate? Spoiler: No.
In many criminal cases, eyewitness testimony is fundamental to the outcome. Whether the person identified a suspect in a lineup or pointed to the defendant in court, eyewitnesses are often taken to be inherently credible. After all, they saw it with their own eyes....
Is there a roadside test that can show marijuana impairment?
Not yet. There are oral fluid tests that can determine if a person has used marijuana within the last few hours, but those tests are not capable of determining whether the person is actually impaired. However, you should not assume this means you won’t get a DWI if...
Are roadside drug tests always accurate?
No. There is substantial evidence that the preliminary drug tests police officers use during traffic stops are not always accurate. As a matter of fact, the tests are known for false positives. In 2016, the nonprofit newsroom ProPublica published a series of...
Be aware: Forensic evidence isn’t always accurate
Sometimes, when people are arrested, police officers tell them they have been caught dead to rights. There is forensic evidence – fingerprints, bloodstains, DNA, hair, fibers or other tests that clearly indicate guilt. The suspect might as well give up and plead...
Can I get my adult criminal record expunged in North Carolina?
If you have ever been arrested in North Carolina – even if you weren’t charged – you probably have a criminal record. That strikes many people as unfair because it will show up in a criminal records check. Employers, landlords and educational institutions can find out...
