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Articles Posted in DUI/DWI

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New DWI Deadlines: One May Help Defendants, the Other Helps…Court Scheduling?

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”   Two (2) new deadlines for DWI trials in North Carolina took effect at the beginning of this month, and it’s a mixed bag for defendants. One of…

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Attorneys Permanently Disbarred for Setting Up Opposing Counsel for DUI Mid-Trial

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen:…

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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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Supreme Court Knocks Down Criminal Penalties For Implied Consent Violations

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.   The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to…

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Woman Beats DUI Charge Because Her Body is a Brewery

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   A New York woman with a 0.33 blood alcohol content recently beat a DUI charge based on an extremely unusual defense: a rare medical condition turns her…

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NC Man Gets DWI Conviction Thrown Out: Appeals Court Rules Traffic Stop Was Illegal

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   James Lee Johnson was indisputably impaired as he drove to his Hendersonville, North Carolina home one night in February of 2013. He blew a 0.13 on the blood alcohol test the police…

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“Pot Breathalyzer” Looming Imminent in Clinical Trials

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”   Since the gradual decriminalization and legalization of marijuana state-by-state in recent years, many say it was only a matter of time. Companies are battling it out…

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Gaston County Judge: 0.07 Does Not Give Probable Cause for DWI

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”   Seven really was a Charlotte man’s lucky number this [week]—or rather, 0.07 was. The man was recently pulled over for driving 86 miles per hour in…

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Kansas Supreme Court Knocks Down DUI Law As Unconstitutional

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”   The Kansas Supreme Court issued a decisive and important ruling late last month concerning the state’s implied consent law. Implied consent laws, for…

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Ignition Interlock Devices In North Carolina

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.   Most people have heard of ignition interlock devices before. People are vaguely familiar with the idea that a device is attached to your car…

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