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…
Articles Posted in DUI
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…
Court Tackles Implied Consent Law
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?” The Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed…
Cop who allegedly shot suspected drunken driver in back cleared of wrongdoing
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?” Long before Ferguson police officer Darren Wilson shot Michael Brown, and long before New York City police restrained…
Depending on how they are used, self-administered breath tests may be valuable
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?” New, portable breath-testing machines sold by Breathometer, Inc. and other companies are making waves in the public marketplace, particularly among college-aged and twenty-something adults. Users of…
Jury clears officer who shot and killed unarmed backseat passenger during traffic stop
J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?” The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as…
“Wings on pigs” post protected by First Amendment, says legal expert
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?” Americans are well informed of the facts—and the rhetoric—surrounding the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City this past summer. Most are just…
Notes of caution sounded on across-the-board police body-camera use
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” The move is on—in the wake of riots and protests over police shooting and choking deaths of two unarmed men in Ferguson, Missouri and New York City—to equip police officers…
Researchers say the propensity to commit crimes may be down to a person’s genes
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Researchers in Stockholm, Sweden have published findings that appear to show a link between two genetic mutations and a propensity to commit violent criminal acts. The researchers studied the DNA…
N.C. voters pass Constitutional amendment allowing defendants to waive jury trials
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?” Like other criminal defense attorneys, I would almost never recommend that a defendant waive one’s right to a jury trial. Until last week, defendants in North Carolina could…