Raleigh Criminal Defense | Marketing Tactics

So, today's Raleigh DWI Blog is going to have less to do with the practice of defending someone facing a Raleigh Speeding Ticket, Cary DWI Charge or any other North Carolina Criminal Charge and more to do with the actual practice of running a criminal defense law firm (though really, this semi-rant can apply to any legal field and likely any other professional field). As I have launched the Matheson Law Office, Pllc, I have grown my practice in many different ways since first preparing to launch the business 2 years ago. One of the things that I and my staff focus on, as do anyone else running a small business is marketing. Marketing is where it is at when it comes to getting a business off the ground. Without a client base, all other preparations will fall apart. And, just like the time I spend marketing to my client base, I receive calls and emails from those marketing their services to me. In most instances, those that reach out to me are trying to sell me on a marketing product of theirs that is suppose to grow my business. They promise more contacts from those seeking Raleigh DUI Lawyers or to refer those individuals to my practice when contacted by them. I am certainly happy to entertain the speech on what their products are. If I feel they are selling something that is worthwhile to my practice, then I'll invest in it, if not, then I politely decline. What has become apparent to me is the level of deceit that is utilized by many of these operations. The most common one I get is when a company calls me telling me they work for so-and-so attorney in some other State and has some potential clients facing Raleigh DUI Charges and seeing that I am a Raleigh DWI Attorney, they want to refer me the work. Automatically, I know to inquire exactly who it is they work for, the specific name of the company. In every instance so far, they eventually (some take longer then others) admit that they work with a private company selling the referrals and only mentioned the so-and-so attorney as one of their clients. In reality, these companies have secured a valuable domain name (i.e. a web address that someone may type in when looking for representation in my area) and have established a website specific for referring clients nationally to attorneys in their areas. My frustration with this is with the misrepresentation that the referral is coming from another attorney. You see, it is common practice for attorneys to refer cases to other attorneys if the case is not in their geographical area or not in their practice area. So, there could be an attorney in Florida who found me on the web and wants to refer me a client of theirs who got Raleigh Misdemeanor Drug Charges. So, for those who don't inquire, they may actually sign up for this program thinking they are legitimate attorney referrals. Recently, I dealt with a twist on this concept that I found frustrating. I was contacted by a gentleman who claimed he worked for Apple and they were developing Apps to be used on the Iphone and Ipad for DWI and DUI charges. He wanted to set up an interview with one of their sales people to see if I 'qualified' to serve as an attorney the App referred to. I specifically asked this guy the name of the company he worked for and he said "Apple." I asked, as in Apple Computers and he said yes. So, extremely weary of this, I set an appointment for them to contact me today. Aside from the fact the call came over an hour late, I decided to take the call. During his speech, I picked up phrases like "work with Apple," "approved by Apple," etc. So, I asked him specifically what is his company's name, and he told me something like 'The App Store Development.' I asked what his affiliation was with Apple, and he told me they were a subsidiary of Apple. So, I asked him to elaborate on that. He went on to explain that there was an Apple Office down the street from them and that Apple gives them a heads up with new developments and how they were specially licensed by Apple to develop these Apps in certain areas. I asked how they were different from individual developers who make Apps and he told me that they had a 'premium license' with Apple and explained all that it means. So, I asked him whether his only affiliation with Apple was that his company carried a premium license for App Development, and he said that was correct. Needless to say, I told him that I found the sales tactics deceptive and misleading. I'm certain if someone wanted to go through the trouble of following through with it, there is a Deceptive Trade Practices Act violation in there somewhere, but honestly, not like much would come from it. Now, in reality, there is an allowable amount of 'puffery' when it comes to marketing. Certainly a turn-of-phrase or focus on the good and not the bad is all part of successful marketing. But that differs from an outright misrepresentation of the truth. For any attorneys out there that may read the Raleigh DWI Attorney blog, be very weary of these types of calls. Honestly, I find it humorous that one of the markets they focus on is an industry built on individuals who are inherently weary, untrusting and inquisitive. Unfortunately, this being the modern age, I'm certain there are members of the Bar who are older and not as familiar with the practice of internet marketing who may get taken for a ride.

Dangerous Conduct in the DUI News World

Though this didn't take place in North Carolina, and therefore does not involve a North Carolina DWI Charge, I find the following article 'blog-worthy.' The following article: DWI/DUI involves grandparents in Florida who decided, after knocking back a few, to tow their 7 year old behind their SUV, up and down an access road, in a hot wheels. The Driver was the young child's grandfather, and though the article did not mention what his blood/alcohol concentration was, it did indicate that this was his FOURTH DWI CHARGE! I have had clients before who have had previous been charged with North Carolina Driving While Intoxicated and it was not their first charge, but I have yet to have someone on their Fourth North Carolina DUI Charge. The grandmother in this case was seated in the cargo area of the vehicle with the hatch up, cheering on her young granddaughter as she was pulled behind the vehicle in a toy car. The grandmother was also impaired during this event (ideally, one would hope a sober person would not think a drunk driver pulling a child in a toy car behind a real car up and down the road was a good idea). The article mentions that the grandfather has been charged with Driving under the Influence, driving with a suspended license (similar to North Carolina Driving While License Revoked) and cruelty to a child. The Grandmother also faces cruelty to a child charge. From a Raleigh DWI Lawyers standpoint, I obviously do not condone this conduct. Driving While Impaired North Carolina is a serious charge and can be risky to yourself and those with you and/or around you. That being said, the DWI laws in North Carolina have become so strict that individuals who arguably were driving without signs of impairment (certainly less then those that insist on texting while driving or putting on make up as they drive) are catching serious charges with serious sentences. However, in this instance, I'm certain the grandfather will face very serious consequences for his actions. Not being familiar with Florida law, I can't say for sure, but certainly here in North Carolina he would be facing a jail sentence. It is never advisable to Driving Under the Influence North Carolina, but if you do, contact a local DWI attorney to best advice you on how to proceed. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

North Carolina DWI Law: Your Right to Refuse

I believe I have cased over this topic in previous blogs, but this is of such importance, I feel I need to go over it once more (and probably will periodically in hopes of it helping potential DWI Defendant's). For those faced with a North Carolina DWI Stop, and specifically a Raleigh DWI Stop many things happen very quickly for which you are likely not prepared for. As a Raleigh DWI Lawyer and Cary DWI Lawyer, most of my clients address their concerns with me regarding what happened during their stop and what it means. What I am speaking about specifically is the questioning, the pre-exit tests, Field Sobriety Test and the Portable Breathalyzer Test. Obviously, there is more to a DWI stop (and eventual arrest) for which a Defendant can be confused, but this article is going to focus on the pre-arrest steps that the Police Officer takes and what options you have available for you.

First, and most important, ALL requests of the Driver which occurs prior to the Driver being arrested CAN (AND SHOULD) BE REFUSED! That's right, refuse to answer questions, refuse to participate in pre-exit tests (normally in the form of counting, alphabet or finger dexterity tests), refuse to participate in any Field Sobriety Tests and refuse to blow into the Portable Breathalyzer Test (not to be confused with the Intoxilyzer or Intoximeter, which are the machines you blow in after your arrest). Each and every one of these functions of a DWI stop are done voluntarily and you have the right to refuse to do any of them. Though you may still be arrested if you refuse to participate, you are doing yourself a favor by refusing in assisting me with your North Carolina DWI Defense.

You see, these tests serve two purposes for the Police Officer: 1. they allow them to build enough evidence to find Probable Cause to justify your arrest and 2. they are used as evidence against you at your trial and/or North Carolina DWI Sentencing. Most people do not know that these questions and tests are participated in voluntarily and normally agree to do them for one of two reasons; either because they believe they are required to cooperate or they believe it will help them with their ticket. The fact is, there is no requirement to consent to any of these tests and no requirement to answer the Police Officer's questions. Additionally, unless you stone-cold sober, chances are performing these tests are not going to get you out of being arrested and certainly will not help if you have been drinking.

Worse then these misconceptions about what a Driver is required to do is the fact that Police Officers are aware that people have the misconceptions and use that to their advantage. I can't tell you how many times my clients have told me that an officer "asked" them to perform a test by simply saying "I'm going to have you perform some tests, okay?" The phrasing carries with it the tone that the Officer is acting within the scope of what they can have you do. I've even had one client tell me his Officer told him "I'm going to have you perform one more test, then I'll probably let you go." The Officer said this after each of the three Field Sobriety Tests and, as you can guess considering he is my client, ended up arresting him.

Lastly, just to be sure we are completely clear, what I have recommended with regards to refusing to participate in any pre-arrest questions and/or tests does not carry over to post-arrest where the Driver is asked to blow into the Intoxilyzer or Intoximeter. This request to blow is done under North Carolina's Implied Consent Law and carries with it a mandatory one-year suspension of driving privileges if you refuse. Additionally, the Driver will not be able to get a Limited Driving Privilege for the first 6 months. Lastly, if the Driver refuses, the Officer can still get a warrant and draw their blood for evidence. For these reasons, whether to refuse the Intoxilyzer or Intoximeter is a personal decision which every individual needs to make and I make no recommendations one way or the other.

So, if you are ever facing a DWI stop, remember to refuse to answer any questions and refuse to participate in any tests.

North Carolina Field Sobriety Test: Horizontal Gaze Nystgamus

Previously on the Raleigh DWI Attorney Blog I have discussed North Carolina DWI Stops and the administration of Field Sobriety Tests; specifically the Walk and Turn Test and the One-Legged Stand Test.  I will now review the third test, known as the Horizontal Gaze Nystagmus Test.  As a Durham DWI Attorney and a Raleigh DWI Attorney, I believe having an understanding of each of these tests is important.

This test is familiar to most as the test whereby the Driver is asked to keep their head still while they track a stimulus as it moves in front of their face.  A common misconception regarding this tests is that it is designed to see whether you are able to follow the stimulus without moving your head.  And while that will likely be recorded if you are not able to do so, that is not the main purpose of the tests.  Below I will review how the test is administered as well as what 'clues' the Police Officer is looking for.

To begin, the officer asks the Driver to keep their head still.  The Officer should look to make sure the Driver's pupils are equal and that the eyes track evenly, that is, both eyes move together.  The Police Officer will then move the stimulus (normally a pen, small light, or their finger) from the center of the Driver's face towards the Driver's shoulders keeping it 10-12 inches from the Driver's face.  The Police officer will do this several times.  Eventually, the Police Officer will hold the stimulus out towards the outside of the Driver's Peripheral vision.

During the first part of the test, as the stimulus is moved back and forth, the Officer is looking for what is known as 'smooth pursuit.'  Smooth pursuit is where the eyes track the stimulus smoothly.  Someone who may be intoxicated may have trouble with this and their eyes will 'fall behind' and then 'catch up' to the stimulus.  

Next, the officer will look for what is called Nystagmus prior to the eyes reaching 45 degrees from the center of their face.  Nystagmus is an involuntary twitching of the eye.  This twitching can be caused by many things, but can be present when someone is intoxicated.    For this test, the Officer is looking for Nystagmus to appear in the eyes prior to the eye reaching the 45 degrees previously mentioned.

Lastly, the officer will hold the stimulus out to the edge of the Driver's vision.  The stimulus should be held there for at least 4 seconds.  The Officer is looking for 'distinct' Nystagmus when the eyes are looking to their peripherals.  Though this is normally present even in sober people, since the eye grows tired of holding that position, those that are intoxicated can have a more 'distinct' Nystagmus that Officers are trained to spot.  

For these three tests, the officers are looking for 6 clues, 3 per eye: 1.  lack of smooth pursuit, Nystagmus prior to onset of 45 degrees, and Nystagmus at maximum deviation (looking at your peripherals).  

Occasionally, the Officers will also perform a Vertical Nystagmus test where they will hold the stimulus towards the upper part of the Driver's vision.  Nystagmus at this point tends to appear in those who are substantially impaired. 

North Carolina Field Sobriety Test: Walk and Turn Test

In my previous post, I discussed North Carolina DWI Stops and the North Carolina Field Sobriety Test:  known as the One-Legged Stand Test (I also added the Horizontal Gaze Nystagmus Test). I will now move on to a discussion regarding the Walk and Turn Test.

As explained before, there are three standard tests used by North Carolina Police Officers when conducting a stop for Driving While Intoxicated:  The One-Legged Stand Test, The Walk and Turn Test, and the Horizontal Gaze Nystagmus.  The Walk and Turn Test, like the One-Legged Stand Test, is both a balance test as well as a divided attention test.  Obviously, someone who is impaired above the legal limit will have some difficulty with their balance.  However, studies have shown that those that are intoxicated also have trouble dividing their attention between two tasks; specifically, maintaining their balance while concentrating on completing another task.

During the Administration of the Walk and Turn Test, the Driver is asked to stand, heel-to-toe on a either an actual line, or imaginary line, while the instructions are given.  They are told not to begin the test until the instructions are finished.  The Officer then explains that they want the Driver to take nine heel-to-toe steps along the line.  Once they reach step nine, the front foot stays in place while the other foot takes small steps around in a half circle until the Driver is turned 180 degrees.  They are then to take nine heel-to-toe steps back.  During the test, the Driver is to keep their hands at their side, look at their feet, and count to nine.  Normally, the Officer will demonstrate several steps as well as the turn as they give the instructions.

During the test, the Officer is looking for nine 'clues.'  Clues are actions taken by the Driver which are suppose to indicate some impairment.  For this test, only two clues are needed to qualify the Driver as having an impairment of .10 or more.  The nine clues are as follows:

1. Cannot keep balance while listening to the instructions.
2. Starts before the instructions are finished.
3. Stops while walking to steady self (does not include merely walking slowly).
4. Does not touch heel-to-toe (only if the gap is more than 1/2 inch).
5. Steps off the line.
   
6. Use arms to balance (only if the Driver raises one or both hands more than 6 inches from their body).
   
7. Loses balance while turning.
   
8. Incorrect number of steps.
9. Cannot do the test (this will result in 9 clues being recorded against the Driver).

 As I will mention in each of these reviews, and as is more thoroughly covered on my Raleigh Criminal Attorney website, you should never agree to participate in any Field Sobriety Tests.  These tests are never 100% accurate and therefore can possibly lead to an arrest for someone not impaired.  Additionally, regardless of how well you think you will do, whatever happens during the test CAN and WILL be used against you should you be arrested.  There is no reason to provide the Officers and Prosecutors MORE evidence to use against you.  It is your CHOICE to perform the Field Sobriety Tests.  Eventually, I will blog about the Intoxilyzer and Intoximeter, which are the two different 'Breathalyzer' machines approved for used after arrest (not, this is different the the AlcoSensor, which is the machine used before arrest) and though it is your choice to provide a breath sample, refusing to do so carries with it consequences you should be aware of before you make that decision.  If you want an overview of these machines and consequences immediately, then you can go here for information: North Carolina Breathalzyer.