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...
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...
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...
No Reasonable Suspicion to Make a Stop For law enforcement, there must be a valid reason to legally make a traffic stop. The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion...
