Criminal Defense Technology

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

What Should I Do About My Social Media During a Trial?

Published on: July 14, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”

Social media has become an almost universal aspect of society, but the same qualities that make it popular – the ease of posting and the more casual nature of conversations – can also make social media content a criminal defense risk. For example, your friends might know you are not serious if you joke about hurting someone, but there is no way for a judge or the authorities to know that if they are reviewing your social media feeds.

What are Your Rights After Getting Stopped by the Police?

Published on: June 2, 2021 | On behalf of Arnold & Smith, PLLC

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. Getting stopped by the police should not be an alarming experience, but sometimes it can escalate into something else.

How Your Social Media Posts can be Used Against You in a Criminal Case

Published on: July 8, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

The vast majority of American adults use at least one social media platform every single day. However, did you know that your social media use could potentially be used against you in a criminal case?

Can North Carolina Police Use Facial Recognition to Make Arrests?

Published on: March 4, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

It may seem that facial recognition is everywhere in the 21st century. The technology that can identify a person by comparing an image of his or her face to a database of photos and videos is used by airports, police departments, and even your phone.

Do Police Need a Warrant to Conduct a Drone Search?

Published on: May 22, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

As technology advances, so do law enforcement’s methods of obtaining evidence and solving crimes. Law enforcement officers today are able to conduct searches using drones, which can fly over land and collect video footage and photos. The police often use drones to find missing or stolen property. Recently, a lawsuit arose after police officers flew a drone over private property to find stolen construction equipment.

The Legality of Doorbell Cameras in North Carolina

Published on: May 15, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

No one wants their home to fall victim to a thief or someone participating in other criminal behavior. You have probably seen videos circulating online of people stealing deliveries off of other people’s front porches. This is exactly the type of crime that homeowners seek to prevent. One way to do so is through the use of doorbell cameras. Amazon’s Ring, Google’s Nest Hello, and a myriad of other camera systems are popular choices for homeowners looking to record suspicious front-door activity.

Is it Legal to Film the Police?

Published on: March 20, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

In today’s society, it is not uncommon to turn on the news or open any social media platform and see a video of someone’s interaction with the police. The ever-present fear of police misconduct can create the sense of need to record police interactions. These types of recordings can be helpful in determining what happened between police and a suspect or individual. With a recording, no one can lie about what was said or misconstrue the actions of another because there is video evidence present. Of course, a video cannot show everything, and legally resolving any issues can take more evidence than a minute long video of one aspect of an altercation. Nevertheless, videos hold police accountable for their actions, as well as the individuals interacting with the police. Is recording a police officer legal, though? Do you have to inform the officers that you are recording them? The answer is: It depends.

New Study Shows Benefits of Ignition Interlock Devices

Published on: March 6, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

In North Carolina, some drivers who have been convicted of driving while impaired are required to have an ignition interlock device (IID) installed in their car. The idea behind this is that in order to start the vehicle and continue driving, the driver can not be impaired. We live in a society in which driving is almost always necessary. The device gives drivers who have lost their license the ability to regain their license with just some conditions. Not every driver who is convicted of an impairment-related charge will be required to have an ignition interlock system in his or her vehicle. It depends on the specific state laws and the circumstances surrounding the charge and conviction. The device can be an excellent way for the defendant to retain possession of his or her license.

GPS Tracking of Domestic Violence Offenders Proposed in North Carolina

Published on: February 27, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

A new bill was introduced in the North Carolina House of Representatives that would permit domestic violence offenders to be tracked via GPS. The plan is to have a pilot program and test using GPS to track domestic violence offenders before opening up the program to more counties and eventually the entire state. The bill proposes looking at a variety of factors to determine: