Contributory Negligence: How Viable Is Your Personal Injury Claim?

In North Carolina, an outdated legal system called contributory negligence is still followed. This system allows insurance companies to deny claims even if the policyholder is only slightly at fault. After a car accident, seeking immediate medical treatment is crucial, followed by contacting an attorney to avoid falling into traps set by [...]

Marijuana vs Hemp and Your Fourth Amendment Rights

Criminal Defense Attorney Patrick Apple discusses marijuana, hemp, and your Fourth Amendment rights. In North Carolina, hemp is a legal substance while marijuana is not. However, these substances are virtually indistinguishable. Certainly to law enforcement officers who are basing searches on smell alone, they cannot tell the difference between the smell of [...]

Can the Field Sobriety Tests be Used to Test for Marijuana?

An exceptional Criminal Defense Attorney discusses the three standard types of field sobriety tests that law enforcement uses and why they aren't reliable to test for marijuana. They include the horizontal gaze nystagmus test, the walk and turn, and the one-leg stand. In the first test, the twitching that is present in [...]

Can I Have a Friend Blow into an Ignition Interlock Device for Me?

In North Carolina, there is an ignition interlock restriction for certain drivers, which requires them to blow into the ignition interlock device themselves. It is not allowed to have someone else blow into the device in order to cheat the system. Currently, no cameras are attached to the devices, but this technological [...]

What is an Interlock Rolling Retest?

In this video, attorney Clarke Dummit explains the features and safety measures of the ignition interlock device. The device is designed to prevent cheating and ensure safe driving. It includes a random rolling retest feature that prompts the driver to pull over and blow into the device periodically. This is similar to [...]

What Happens if I Fail the Ignition Interlock Test?

Attorney Clarke Dummit provides insights into ignition interlock devices. If the device detects interference or alcohol, it records the information on its microchip. Every two months, the device needs to be downloaded by an interlock provider, and the data is transmitted to the North Carolina Division of Motor Vehicles (NCDMV). The DMV [...]

A Conditional Restoration vs an Alcohol Content Restriction

There are different types of restrictions that will require you to have an ignition interlock installed on your vehicle. These are an Alcohol Content Restriction (ACR) or a Conditional Restoration of your driver's license. Attorney Clarke Dummit explains the differences between the two types of restrictions in this video. OFFICE [...]

Can I Leave the Car Running with an Ignition Interlock Device Installed?

In this video, attorney Clarke Dummit recalls working with a client who left his car running briefly while he went into a store. Unfortunately, while he was inside, the ignition interlock called for a rolling retest. Since he wasn't in his car, he missed the rolling retest and the device recorded a [...]

Can I Drive a Company Vehicle without an Ignition Interlock Restriction?

If you have an ignition interlock requirement, you are allowed to drive a company vehicle while you have limited driving privileges authorized by a judge. This privilege is only applicable to the specific vehicle owned by your employer. It's important to note that this condition will cease 45 days before the ignition [...]

Can I Have a Friend Drive my Car with an Ignition Interlock Installed?

Criminal Law Attorney Clarke Dummit explains that one common question in regard to ignition interlock devices is whether or not you can have a friend drive your car if you have an ignition interlock installed. There are no regulations that prevent someone other than yourself from driving your car. But, be aware [...]

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