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The Hidden Costs of DWI in North Carolina

Published on: June 5, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

We all have heard the stories of families losing loved ones to those who have driven under the influence of alcohol or drugs, or drivers losing their own lives because they drove while impaired. These are sad stories and serve as a cautionary tale of avoiding impaired driving. Nevertheless, drivers in North Carolina are frequently charged with driving while impaired (DWI). Depending on whether this is your first time being charged with a DWI, or if it is a second or subsequent offense, the penalties for a DWI can be steep. In addition to fines and jail time that those convicted of DWI face, there are other ramifications of this criminal conviction that impact them for the rest of their lives. For additional resources regarding DWI click HERE.

Can a Breathalyzer Test Have a False Positive?

Published on: May 29, 2019 | 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?”

We all know the dangers of drinking and driving. Accidents happen everyday because a driver is under the influence of drugs or alcohol and injures or kills someone else. Driving while impaired (DWI) charges are taken very seriously in North Carolina. It can be extremely frustrating to be facing these charges when you know you were not operating your vehicle while impaired. Find more resources about DWI here.

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.

You Need an Attorney to Help Fight a DUI

Published on: April 17, 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?”

Getting behind the wheel when you are under the influence of alcohol or other impairing substance is illegal and incredibly dangerous. Those who are caught driving under the influence face some serious penalties. If you have been drinking, the best thing to do is to give your keys to someone else or otherwise get a ride home. However, if you find yourself facing a charge for driving under the influence (DUI), an experienced DUI attorney can help you obtain the best result possible. You might wonder if it is necessary to hire an attorney to fight the DUI charge, the answer is yes. An attorney can be extremely helpful for a variety of reasons.

Proposed Senate Bill Could Legalize Three Ounces of Marijuana

Published on: April 10, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

As society evolves and changes, the laws that govern us also need to evolve. A hot button topic in politics right now is updating existing drug laws and their sentences. A North Carolina state senator has introduced a bill to the North Carolina Senate that would decriminalize the possession of marijuana for up to three ounces. A similar version to this bill was introduced about a year ago, but that proposed possession limit was increased to four ounces.

Can I Clean Up My Criminal Record?

Published on: April 3, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

We have all done things in our past that we would like to forget. Unfortunately, if what you want to forget was a conviction for a crime, your criminal record will make that difficult. However, some crimes might be able to be wiped from your criminal record. There are different tools that might be used to clean up a person’s criminal record, but one of the most common is expungement.

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.

Evidence Used in North Carolina Self Defense Cases

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

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

When facing criminal assault, battery, or any other type of charges, defendants often claim self defense. When claiming self defense, a defendant is stating that the party claiming to be the victim was actually the aggressor or initiated the conflict that resulted in the need for defense of person, family, or home. In order to prove this, evidence needs to be presented that shows the victim was the one who initiated the conflict. In State v. Bass, the North Carolina Supreme Court stipulated types of evidence that are not permissible in self defense cases to prove provocation.

The Criminal Court Process in North Carolina

Published on: January 23, 2019 | 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?”

The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the next step should be. However, if you are facing a criminal charge in North Carolina, it is important to know what to expect and the steps that will occur throughout the case. There are two types of criminal charges in North Carolina — misdemeanor and felony charges. Each charge has a different process through the North Carolina criminal court system.