In North Carolina it is a crime to drive while under the influence of drugs or alcohol. Whether your case is classified as a felony or misdemeanor depends on factors such as the blood alcohol level and past driving record. This guide delves into several ways to defend against a DWI. #1: Failure to...
This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial....
The Basics of DUI Defense in Oklahoma ... What to expect, and what can be done about it. First, Stop and Do This Now! First, if you or someone you know has been arrested in Oklahoma for DUI or APC, you only have fifteen days from the date of arrest to request an administrative hearing from the...
Do not confront the other driver. Do not accuse the other driver of anything at the scene of the accident or after the crash. You are unlikely to get any information useful to your case from such a confrontation and you may risk making things more complicated. Do collect evidence at the scene of...
8. What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FST’s). These tests include heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand...
The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...
The Issue Social media is increasingly being used in both civil and criminal trials. A party's own statements are not hearsay, so as long as they are relevant (not a difficult standard), they are generally admissible. Before we were posting our every thought, feeling, and feud online for everyone...
Cross-examine the officer about his radar training To use radar, an officer must complete a 24 hour peace officer standards and training (P.O.S.T.) certified course. Ask the officer if they attended a P.O.S.T.-certified course, and, if so, how long it was. If they answer "yes" to both - which they...
Step One: Prepare Eviction Notice The first step in most eviction cases is the Eviction Notice. This “for cause" notice typically occurs when a tenant fails to pay rent, is too noisy, is selling narcotics, or has does something that violates an important lease cause. In other instances, a “without...
Do not flunk the attitude test ; be civil and polite, because being otherwise will never help you, and it will generally always hurt you in the eyes of the jury and judge. Remember that much of what goes on in the criminal justice system, from cop contact to DA prosecution to judge scolding/...
Introduction to Breath Testing It is important to understand the inner workings and the theory behind breath testing in order to understand how it can be wrong. It behooves all attorneys that deal with breath test evidence to attend special seminars and obtain practical hands on experience with...
There is great reason for the Troopers to take you off camera: FOR THE TROOPER'S BENEFIT IN COURT! SO HE DOES NOT LOSE AT TRIAL! Any OVI (DUI) Defense Attorney will tell you that if there is video, it will most likely benefit the Defense, NOT THE COPS! Surprising, you say!? Its the truth. If there...
FAQ 1 - Should I plead guilty to my traffic ticket? NO. Never plead guilty! I can't begin to tell you how many clients plead guilty to a first speeder and then wind up suspended because they get another one soon after. How your case is handled depends upon WHAT COURT you are to appear before and...
Examine the face of the ticket. 1. Make sure the officer signed the ticket. If the officer forgot to sign the ticket, you can win, because the ticket is no longer admissible. 2. Make sure the ticket properly lists the offense. Sometimes, the officer accuses you of the wrong infraction. Look up the...
If you have been arrested for DUI or DWI, it is obviously cause for concern--but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That's why it would be a good idea to consider hiring one of America's Top DUI and...
Under What Circumstances Can the Police Pull Me Over? The police need reasonable suspicion of criminal activity to pull you over. It is a very low standard. Simply going over the speed limit by one mile per hour is enough. Almost any traffic infraction will be enough to stop your vehicle. When the...
This is the first edition of the Guide to Montana Traffic Laws. It is based on the National Motorists Association's Motorist's Guide to State and Provincial Traffic Laws, but tailored to our needs here in Montana. It is the only guide of it's kind available in Montana. It is as accurate as we could...
With the summer almost here and in anticipation of those fine weekends which we will be enjoying crabs and beer and going to the ocean for fun and relaxation, the Maryland State Police are out there looking for the drunk driver. With their speed traps, sobriety check points, and the staking out of...
There are times when searches can be performed without a court ordered search warrant . These are called warrantless searches and it's the most common type of search conducted by law enforcement. The vital word in determining a warrantless search: Reasonable. It will be up to the court in many...
Cross-examine the officer about his radar training To use radar, an officer must complete a 24 hour peace officer standards and training (P.O.S.T.) certified course. Ask the officer if they attended a P.O.S.T.-certified course, and, if so, how long it was. If they answer "yes" to both - which they...
