DWI Tag Archives — Page 9 of 19 — Charlotte Criminal Lawyer Blog

Is Necessity a Defense to a DWI?

Published on: November 28, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while impaired (DWI) is a common charge in North Carolina, otherwise known as drunk driving. An experienced DWI attorney can help qualm your fears and prepare the best possible defense for you. One defense to a DWI that is not always the first to come to mind is necessity. In some instances, it could be a valid defense to a DWI. This is not to say that using necessity as a defense will be an automatic “win,” but instead one of the many defenses that might be used to defend the individual facing a DWI charge.

Things to Look Out for in a DWI Arrest

Published on: November 21, 2018 | 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 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 of .08 or more, or are driving with any amount of specific controlled substances in their system. For most people, when they are charged with a DWI, they feel discouraged and like there is no way the situation will end with a positive outcome. Yes, a DWI is a serious offense that law enforcement is adamant about prosecuting it. However, this does not mean that anything that law enforcement does while arresting you or while suspecting you might be impaired is acceptable. Like anyone, law enforcement officers can make mistakes. A mistake by law enforcement could help your case. Police must follow a strict protocol. The following are common mistakes to look out for in a DWI arrest.

License Revocation as a Consequence of DWI

Published on: September 12, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

Most people in North Carolina rely on their car to get them from one place to another. While there may be public transportation options, rideshare options, or any other type of transportation, for the most part, people get around by car. Imagine being completely dependent on a car to get you to work, school, or even social events. What happens if you suddenly do not have a license anymore? For those individuals who are arrested and/or convicted for driving while impaired (DWI), that is a sobering reality. Often times, after an individual is arrested and charged for a suspected DWI, he or she faces immediate license revocation, even without the conviction. An arrest and/or charge is enough to revoke a license.

What is a Conditional Discharge?

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

Ignition Interlock Systems in North Carolina

Published on: June 20, 2018 | 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?”

Drinking and driving is a serious offense in North Carolina. As such, a conviction of driving while impaired (DWI) can result in serious consequences. Common punishments include fines, jail time, probation, and license suspension. Most people rely on driving to get around. When there is no convenient access to public transportation, lack of carpooling options, or any other transportation issue, the suspension of a license can be inconvenient and catastrophic. That is why you need an experienced DWI attorney to represent you in any DWI proceeding so that you can get the best outcome possible given the circumstances.

Lyft Driver Receives DUI in Fatal Crash

Published on: June 13, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Elizabeth Renter was driving for the rideshare service Lyft in Illinois when she got into an accident that killed her passenger. Renter was charged with a misdemeanor count of driving under the influence of a drug. Travis Anderson was the driver of the car that crashed into the Lyft driver, and was also found to be under the influence, according to The Patch.

Supreme Court Poised To Decide Several Important Criminal Cases

Published on: October 11, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

The U.S. Supreme Court is poised to have what many legal experts believe will be a blockbuster year, issuing a number of significant decisions. The docket appears packed with controversial and consequential cases. Last year the court was down a member following the death of Justice Scalia and the justices were not eager to accept potentially divisive cases given the odds of a 4-4 split. Now that Justice Gorsuch has been confirmed, the Court has ramped up its workload.

Nebraska Court Says Recent Ruling Regarding Blood Draws Is Not Retroactive

Published on: September 20, 2017 | 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?”

It’s been a few years now since the U.S. Supreme Court issued a landmark DUI decision in Birchfield v. North Dakota. That case represented a major development in drunk driving jurisprudence and the impact continues to be felt across the country. Since the Supreme Court issued its opinion, state courts have struggled to interpret the decision and decide how it impacts cases that were pending prior to its issuance.

Police in Atlanta say overdose allows man to avoid DUI charge

Published on: July 5, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this is exactly the sort of situation that DUI/DWI crimes were meant to address, a recent incident in Atlanta highlights an odd facet of the system. According to law enforcement authorities, the fact that one driver was so far gone, clearly impaired and destructive, meant he actually managed to avoid a DUI charge. Now let’s explain why.

What is obstruction of justice?

Published on: June 14, 2017 | On behalf of Arnold & Smith, PLLC

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

After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made a sufficiently compelling case for obstruction of justice charges, something that could land President Trump in serious legal hot water. But what is obstruction of justice and what might happen in this case even if it is found to have occurred? To find out, keep reading.