Monroe DWI Law Blog

/Monroe DWI Law Blog/

Mandatory DUI Video Laws | Monroe DWI Lawyer

Because video evidence is important, every police car has cameras. However, North Carolina does not have a mandatory DUI video law. As a result, police really don't have to record or save anything. So why do we have cameras in cars if we don't have to use them? So why are mandatory DUI video laws important? While video is everywhere, it is more important during a criminal investigation. Because the State has the burden of proof, they must bring the evidence to convict. And if they don't, they cannot prove their case. As a result, we argue any mistakes or lack of video is on the police. After all, the State has all the power, money, and resources. In addition, they make the laws that we have to abide by. So shouldn't they also? Rather surprisingly, there is only one State that actually has a mandatory DUI video law. And that State is South Carolina. For example, there the police have [...]

By | October 14th, 2017|

DUI Jury Bias at Trial | Monroe DWI Attorney

While facing a jury trial, one of the first issues is DUI jury bias. So how does your Monroe DWI attorney deal with it? Because DUI Jury Bias is Real Although the law says you get a fair and impartial jury, they don't always start out that way. Rather, through experience and jury strategy, your DWI lawyer will try to get the jury to identify with you. For example, we like to ask potential jurors if they go out on "date night" with their special someone? As you might expect, hands go up in earnest. After all, everyone enjoys a "date night" on the weekend. But then we ask if they share a glass of wine or a cocktail? Fewer hands go up, but this is still a common part of dating. And finally, we ask how many get in the car and drive home at the end of the evening? If they did it, how can it be wrong? Because [...]

By | September 30th, 2017|

DUI Blood Draw | Monroe DWI Attorney

While investigating a possible DWI, the police have the power to do a DUI blood draw under certain conditions. So keep reading to know how far the State can go under the law. DUI Blood Draw Cases While no one wants truly "drunk" drivers on the road, some believe the law goes too far in North Carolina. Rather than tell you what to think, we'll give you one common scenario and let you decide for yourself. So after a DUI arrest, the officer will tell you your Miranda rights. Because a DWI is a criminal offense, we all have certain rights under the Constitution. For example, you have the right to refuse breath testing. Since it is your right, you don't have to give a reason. In addition to hearing you should never "blow," some people just don't trust the machine. Regardless, does the refusal end the process? Not necessarily. So here comes the surprise part. As a result of you [...]

By | September 4th, 2017|

Client Communication and DUI | Monroe DWI Attorney

Because facing a criminal charge can be scary, client communication with your lawyer is very important. So here we explain why our clients have our mobile phone number and direct email address. Client Communication in Today's World While in the old days, lawyers and bankers worked Monday through Friday, 9:00 am to 5:00 pm. In order to protect their privacy, most attorneys had "unlisted" home phone numbers in the phone book. As a result, you could only call during regular business hours. Back then, there were no cell phones or emails. Rather, there were clear boundaries and limits on client communication with lawyers. Not anymore. Today, with smart phones and email, there really is no excuse to not be able to speak with your attorney. Rather, many lawyers now advertise their mobile phone number and are available when needed. Even though some attorneys still refuse to give out their personal contact information, clients are beginning to expect it. If not, they [...]

By | August 27th, 2017|

Breath Testing: Should You Blow? | Monroe DWI Attorney

So if stopped for suspicion of DWI in Union County, should you consent to breath testing? And what if you dare to refuse? We'll explain your options here. Breath Testing: Your Rights and Consequences While most folks who call us have already been arrested, many still want to know their options. As a result of very harsh laws, you don't have any real choices in a NC DUI arrest. Either way, there are consequences. Because the State prefers to have a number, they ask you to agree to breath testing. Although the machine they use has the usual reliability concerns, any number then becomes your blood alcohol concentration (BAC). Of course, there is no "perfect machine" and we challenge breath testing "science" in general. In addition, we also compare your "number" with how you actually appear on video. Furthermore, the officer reads your rights and says you can refuse to give a sample. But what if you choose to exercise this [...]

By | August 20th, 2017|

Craft Beer and DUI Arrests | Monroe Union County DWI Attorney

Craft beer is awesome because it tastes great (most of the time) and comes in many flavors and varieties. Essentially, there is something for everyone. Furthermore, the alcohol percentage differs with each beer. Therefore, these are beers that are not meant to be consumed as fast as others. But if it's tasty, it's hard to resist gulping down a cool 8% tangerine IPA. So how do you know exactly how much you are drinking? Craft Beer, Regular Beer, and DUI The best way is to compare your beer to a standard serving of beer. Usually, we drink beer in 12 ounce servings. Most beer is around 5% alcohol. Therefore, if you drink 12 ounces of a 9% imperial ale, you are nearly doubling the amount of alcohol. Besides chemical testing, there's not an exact science to figuring out your BAC. However, by comparing what you normally drink, you can at least figure out if you are having more or less alcohol. [...]

By | August 13th, 2017|

Jury Strategy in DUI Trials | Monroe DWI Attorney

Because every case is different, DWI lawyers must change their jury strategy to fit each set of facts. So here we explain some common approaches. Jury Strategy in DUI Cases Rather than winning points, a lot of jury trials involve basic human instincts and psychology. For example, jurors start off assuming any person accused of a crime "must" be guilty. Otherwise, they would not be here in the first place. And if they didn't do this crime, they probably did something else. So how do we turn those initial feelings around? From the very beginning, we want the jury to identify something about the defendant with themselves. Consequently, we look for things in our case that other people do in their own lives. Hence many of us have a "date night" or go to a ball game. While on our date, we have a glass of wine or a beer at the game. Because we are good people, we drink responsibly [...]

By | July 24th, 2017|

Failure to Appear | Monroe Criminal Attorneys

So what happens if you miss a court date? Rather than resolve your case, the judge will issue an Order for arrest for failure to appear. Failure to Appear on Court Date Because of our busy lives, things come up, and people miss their court dates. After all, sometimes you just can't make it. So what happens now? First, the prosecutor will mark you absent. And then, the judge will issue an Order for your arrest. While in most cases, the police won't come get you. However, if stopped for a traffic ticket, that's when find yourself in handcuffs. Yet you can do something before this happens. Since this is so important, you need to contact one of our attorneys as soon as possible. Consequently, we will add your case back on the docket and ask a judge to strike your OFA. Usually, this Motion is granted one time, and a new court date is set. However, if you miss another court date, [...]

By | May 21st, 2017|

DWI Task Force in Union County | Monroe DWI Attorneys

DWI Task Force Now in Union County Because NC DUI laws are so complex, it takes special training to make good arrests. As a result, more police departments are setting up specialized DWI task force units. Now when stopping a suspected drunk driver, officers can radio for help in making the call. And the hope is more arrests will mean fewer accidents on the road. While Mecklenburg County has had a DWI Task Force for several years, Union County has not. Consequently, the county recently received almost $700,000 in federal grant money. In addition to five new police vehicles, Union County also purchased more DUI enforcement equipment. And if these officers operate like the ones in Mecklenburg County, they will make plenty of arrests. Furthermore, DWI Task Force members are there for one purpose and that is to make DWI arrests. So How Do They Do Their Job Given their role in DWI arrests, these hand picked officers undergo substantial DUI training. [...]

By | March 26th, 2017|

Probable Cause to Arrest After Lindsay | Monroe DWI Lawyers

Before State v. Lindsay, there were established rules for determining probable cause to arrest. However, now those rules have changed in favor of the State. So here is the new standard. Probable Cause to Arrest After Lindsay First of all, this case involves a person charged with Habitual DWI. Maybe that is the real underlying reason for the Court's ruling. But essentially, Lindsay claims the State did not have enough evidence to arrest him. Initially, he was stopped for an expired registration. Hence, this arrest did not start out as a DWI investigation. In addition, the officer did not see any bad driving, either before or after he activated his blue lights. However, once the officer smelled alcohol, the focus of the stop switched. Also, the officer noticed the driver’s license was revoked for a prior DWI. As part of the DWI investigation, the officer administered the Horizontal Gaze Nystagmus Test. While subject to challenge, this test showed 5 of 6 clues of impairment. Unless there were neurological issues, [...]

By | March 5th, 2017|