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What are Field Sobriety Tests?

Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”   When you get pulled over by the police, they may wonder whether you have been drinking. Law enforcement may ask you to perform some…

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What are Your Rights After Getting Stopped by the Police?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over.…

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How DWI Charges Get Dismissed in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”   Given the negative consequences and social stigma associated with a driving while impaired charge in North Carolina, many people who have been arrested for DWI wonder, “How can I get my DWI…

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What is North Carolina’s Law of Implied Consent in DWI Cases?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical…

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have…

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When can North Carolina Police Lawfully Search Your Vehicle?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   Even if you did not commit a crime, talking to police officers during a traffic stop can be a stressful experience. When police suspect that you have committed a crime, they may…

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The Preliminary Hearing: How a Finding of Probable Cause can Affect Your Case

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   After an arrest, but before an arraignment, there is a period of legal purgatory that can be confusing and stressful for those facing criminal charges. It is during…

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Chalking Vehicle Tires is a Fourth Amendment Search

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how…

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Things to Look Out for in a DWI Arrest

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration…

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Can Out-of-Jurisdiction Arrests be Suppressed?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Law enforcement officers are not permitted to arrest individuals anywhere they want. Throughout the United States, North Carolina included, there are different jurisdictional restrictions that law enforcement officers face. Local law enforcement are…

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