Yes, under North Carolina DWI 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. Appreciable Impairment & DWI The person may be arrested and convicted under what is known as the 'appreciable impairment' theory or [...]
Have you recently been injured on the job and confused if you qualify for workers' compensation benefits in North Carolina? Our legal team explains what you need to consider if you're on the fence of filing a claim. Whenever a workers’ compensation claim is started, a qualified workers’ compensation attorney has to consider the following [...]
To be eligible for benefits under the North Carolina Workers' Compensation Act, employees must: Prove that they were an employee, That they were injured, and The injury in question was caused by an event that occurred while they were on the job. All of the above requirements sound pretty simple, but injured employees should beware [...]
Question: I’ve been hearing a lot lately about officers cracking down on drinking and driving ( DWI ) 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 [...]
After years of experience and practice, it still surprises our attorneys to hear some of the reasons folks have for not filing for workers' comp after a work injury. So, here’s a list of the top 6 reasons why people don’t think they should file a workers' compensation claim and why they should. 1. I [...]
Is it possible to get sexual assault charges dropped in NC? Yes, it is possible to get sexual assault charges dropped in NC. While the State's evidence against you may be enough to support your arrest and a sex crime charge, it ultimately may not be enough to prove beyond a reasonable doubt that you [...]
As a law firm that focuses on DWI and DMV cases, we often get questions from clients about blowing violations on ignition interlock devices. Below is a question we received from a client who blew a violation on Smart Start. What should I do if I received a non-compliance letter from the [...]
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 [...]
As a law firm that focuses on criminal defense, we often get many questions about domestic violence 50B protective orders, or restraining orders, in North Carolina. Below we answer some of the most common questions we receive. How do I know if domestic violence laws apply to me? Individuals who may be protected by [...]
Checklist for what we need for your Expungement. This list applies to convictions for Misdemeanor Alcohol Possession or for a conviction before you turned 18 1) Sworn affidavit by you: Stating your good behavior for 2 year period since the date of your conviction. (We will help draft this). 2) Verified affidavits of two persons [...]