Recent Posts in DWI Category

  • Advocates Pushing for More IIDs for DWI Offenders

    A new bill making its way through the North Carolina House and Senate seeks to curb the ability of DWI offenders to drive drunk after a conviction. Advocates including Mothers Against Drunk Driving (MADD) and other law enforcement officials are calling on legislators to require Ignition Interlock Devices (IIDs) for all drivers who have been convicted of operating a vehicle above the legal limit of ...
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  • 175 DUI Cases Dismissed in NC Over Cop Who Lied in Court

    A North Carolina district attorney has dismissed 71 traffic-related offenses and 104 DWI cases after it was uncovered that a sheriff’s deputy lied in court . The officer, Deputy Robert Davis, was found to have lied in at least three cases, prompting Judge Jacqueline Brewer to disqualify the DWI Task Force Member and 18-year veteran as a witness. In one of the cases, a woman the officer arrested in ...
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  • Settlement Reached in Lawsuit Against Kernersville Police Officers

    You may recall from our previous blog that Dummit Fradin represented a Surry County couple against five Kernersville police officers accused of misconduct. Just weeks before the case was set to go to trial, a settlement has been reached in favor of plaintiffs Teresa Blackburn and Adrian Martinez-Perez. The lawsuit alleged that the police officers illegally seized $20,000 from the couple and ...
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  • Ignition Interlock Violations

    "I received a letter from the DMV indicating that I was not in compliance due to an alleged alcohol violation, what can I do?" In short, you need to contact the experienced attorneys at Dummit Fradin ASAP! The most common scenario involves what is called an "ACR violation", or Alcohol Content Restriction (i.e. individual's BAC must be less than .04 or .00). Alleged violations occur when an ...
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  • DWI and Vehicle Seizure

    "I was charged with DWI in North Carolina and my vehicle was seized, and I am told it is going to be sold, is this true and how can I stop it?" The short answer is: "it depends". If you or someone you know has had their vehicle seized related to a Driving While Impaired (DWI) charge, contact the experienced attorneys on the Dummit Fradin Driving While Impaired practice team as soon as possible ...
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  • DWI Factors and DWI Sentencing Part I

    Factors and DWI Sentencing Part I This will be a two-part blog post focusing on the intricacies of Driving While Impaired Sentencing Factors and Sentencing Levels. This first post will provide an overview of DWI plea or trial considerations, and include the DWI Sentencing Factors. Part II will focus on Driving While Impaired Sentencing Levels and the associated consequences with those levels. The ...
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  • Underage Drinking & Driving

    ZERO TOLERANCE FOR UNDERAGE DRINKING AND DRIVING North Carolina has a zero tolerance policy when it comes to underage drinking and driving. A person who is under 21 years old can be convicted of Driving After Consuming Under 21 with any positive reading of alcohol. This means a .01 can cost you your license and earn you a criminal record. A person under 21 who blows over the legal limit of .08 ...
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  • DWI Arrests From Anonymous Tips

    "Can I be charged and arrested for Driving While Impaired ( DWI ) based on someone calling 911, and merely stating that my driving was bad?" According to the recent United States Supreme Court case, Navarette v. California, 572 U.S. ___ (2014), an anonymous tip may sometimes be sufficient to justify a stop of vehicle based on reasonable suspicion of impaired driving. The opinion in Navarette , is ...
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  • Fight 30-Day Civil Revocation

    The Process To Fight The 30 Day Civil Revocation In North Carolina, if you are charged with driving while impaired (" DWI ") and refuse to submit to a breath test or blood test, or receive a result of .08 or greater then you will be subject to an immediate 30 day civil revocation of your driver's license. While you have a right to a criminal trial on the final issues in the criminal charges, the ...
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  • Appreciable Impairment & DWI Law

    Question: "Can I be arrested and convicted of DWI even if my BAC was .08 or less?" The Attorney Replies: Yes, under North Carolina law (N.C.G.S. 20-138.1), a person may be convicted of the criminal offense of Driving While Impaired even if their Blood Alcohol Concentration (BAC) is equal or less than .08. The person may be arrested and convicted under what is known as the 'appreciable impairment' ...
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  • DWI, the Weather, and Your Case.

    Question : I’ve been hearing a lot lately about officers cracking down on drinking and driving during the holidays. I noticed that cold weather makes some electronics and gadgets less reliable, is this true for the breathalyzer tests that police give when they stop someone? The Lawyer’s Reply : It’s certainly not outside the realms of possibility. There are Alco-Sensor devices that are, without a ...
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  • Arizona Marijuana DWI Law Struck Down

    Driving while impaired. Also known as DWI , or (in some states) DUI. It's against the law, and most folks would tend to agree that that's a good thing. After all, nobody approves of impaired driving. But when we consider our DWI laws, it's important that we look at them from a rational point of view. A DWI implies a couple of things. It implies that someone was driving, sure, but it also implies ...
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  • Interlock Hearing Question

    What should I do if I received a non-compliance letter from the NCDMV because I had a DWI or an alcohol violation? I blew a FAIL when I tried to start my car in the morning. I had taken cough medicine in the middle of the night because I was sick. I guess it was still lingering in my system. I have had no other violations over the last year. My restrictions are a .000 over 3 years. I have a ...
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  • DWI Checkpoint Issues in Winston-Salem

    Reviewing Checkpoints- Are Police Following Procedures? The Winston-Salem Journal reported recently on the review of traffic checkpoints in Winston-Salem through 2011. The review shows that checkpoints are conducted disproportionately in minority neighborhoods. The police are allowed to conduct these checkpoints, but only for traffic and drunk driving checks- not, as was hinted by the officer ...
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