Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”
Yes, it is possible that law enforcement could seize your motor vehicle during a Driving While Impaired (DWI) stop in North Carolina if your arrest meets certain requirements under the Governor’s DWI Initiative.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
A North Carolina task force calls for the decriminalization of marijuana in the state. The state’s Task Force for Racial Equity in Criminal Justice has adopted recommendations to decriminalize possession of marijuana in North Carolina.
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?
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 want to search your vehicle. However, unless your circumstances meets the criteria that allow police to do a warrantless search, law enforcement officers need your permission to search your vehicle.
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”
Most of the time, a person’s only interaction with law enforcement is during a routine traffic stop. It is not unusual to have a cop pull you over at least once during your lifetime, whether justified or not. Traffic violations are relatively tame on the spectrum of criminal activity, but did you know that you have certain rights in North Carolina that are inalienable no matter the circumstance?
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, a driver can be charged with Driving While Impaired (DWI) if he or she has a blood alcohol concentration of .08 or more, or driving with an impairing substance or with any amount of a Schedule I substance in his or her system. DWIs are dangerous for all parties involved. As such, this is a serious charge that can result in severe consequences that impact one’s life. Even so, it is important that a driver arrested and charged with this crime is entitled to proper criminal procedure. Law enforcement officers are human; they too can make mistakes. If law enforcement makes a mistake while arresting a driver, this can be used to reduce charges or even dismiss a case. The following are common mistakes that officers might make during 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 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.
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”
When law enforcement suspects that a person is in possession of contraband, a stolen item, or some other type of illegal substance/item, they will often obtain a search warrant to find that item. In North Carolina, a search warrant is defined as, “a court order and process directing a law enforcement officer to search designated premises, vehicles, or persons.” This definition gives potential for a location, vehicle, or even persons being subject to a search. Most commonly, search warrants are for places like homes, vehicles, etc. It is not as common for a search warrant to be executed for the search of an individual person.
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.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”
We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the public. Given how lucrative civil asset forfeiture can be for law enforcement agencies across the country, there is little incentive for states to take action to reform the broken system. Thankfully, legislators in one state appear to be ready for a change and are considering important revisions to the existing law.
Charlotte Criminal Lawyer Blog