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criminal defense

Implied Consent Rights Only Fully Apply if You Speak English

For the English-speaking public, North Carolina state law requires that law enforcement officers read certain rights to DWI suspects orally, and provide those same rights in writing, before the individual…

Posted on Sep 12, 2016
Warrant Required for Blood Draw from Unconscious DWI Suspect

Until this year, North Carolina law permitted the taking of a blood sample from an unconscious DWI suspect under the apparent rationale that, by the simple fact of being rendered…

Posted on Sep 09, 2016
Expert Foundation Still Required for HGN Testimony

According to the North Carolina Rules of Evidence, Rule 702, a witness properly qualified as an expert may only testify as to matters deemed to be outside of the domain…

Posted on Sep 02, 2016
Horizontal Gaze Nystagmus (HGN): More Junk Science

Bullet lead analysis, hair and fiber analysis, and now the Horizontal Gaze Nystagmus (HGN) test has been added to the growing list of police practices masquerading as “science,” that have…

Posted on May 09, 2015
Heien v. North Carolina: The End of the Fourth Amendment

As we all know, “ignorance of the law is no excuse” for breaking it. Didn’t know the speed limit? That’s no excuse, and you can bet you’ll be prosecuted for…

Posted on Dec 15, 2014
Flawed police procedures result in two more tragic wrongful convictions, overturned over three decades later by DNA

Two mentally disabled North Carolina men were finally exonerated this week, after being wrongfully convicted over three decades ago as a result of flawed police interrogation techniques. From the NY…

Posted on Sep 06, 2014
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