Certain crimes are not being prosecuted like before. Out-of-custody trials are being postponed. Defendants are being released from jail. We anticipate the effects of this emergency will be long-lasting. Our law firm was banned from working at our offices as a result of the Governor's emergency order...
When I got home from work yesterday I walked to my mailbox and spotted my neighbor. We struck up polite conversation, consistent with social distancing mandates of course. During our conversation he expressed uncertainty as to whether he could drive during the Governor’s Safer at Home order. I do no...
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 t...
It was me and 2 of my buddies. All three of us on motorcycles. We were stopped at a red light when we heard "pull over into the parking lot" over a loud speaker. Assuming it was a police officer we pulled over. It was CHP. He said he clocked us (as in all of us) at about 70 in a 35 zone. I blew .15 ...
I got into an accident in Queens, New York and my car got wrecked. The person I hit, his car was alright, and left. I was inside the car while my friend took a look at my car outside. Two police officers came out of a train station came over. The car wasn't moving. Fast forward, I blew a .18 BAC. I'...
I would like to plead guilty and minimize the impact on my family. I am grateful that I was pulled over as I had put myself and others in harms way. My BAC was extremely high and I'm afraid of potential jail time. I spoke with one lawyer and he said that his services could cost up to $5000 if we pur...
I had a DUI in the state of GA in 2009, and got it with a GA license. I completed probation and all the requirements. I then moved to CA, re-took the drivers test, and obtained a CA license. I got another DUI in September in Orange County, and I assumed it would be counted as my 2nd DUI due to my GA...
First time dui with a clean record. My car broke down on the freeway, resulting in me having to push it to the side of the road. I stood outside of the vehicle the entire time, waiting for AAA to arrive, when a highway patrol car pulled up behind me. The cop asked me to perform a series of field sob...
My friend was arrested for drunk driving/dwi, but did not take breath test. I dont understand how she can be charged with dwi if the cops cant prove she had alcohol in her body with a breath test--is this legal?...
I am a 24 year old female, mother, soon to be college graduate (in Dec 2013), and this was my first DUI offense and my first time ever being in trouble with the law period. The officer had reasonable cause to pull me over due to my tail light being out. I have received the report back with my arrest...
This is a hypothetical story: These past weekend, many drivers were arrested in the San Fernando Valley for DUI. I am not a drinker, but sometimes I need to take medication which may contain a bit of alcohol. So far I have never ran into a DUI checkpoint, but I am afraid my medication can get me in ...
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 to...
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 i...
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 the...
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 insta...
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 ma...
