Raleigh DWI Stops | Understanding the Checkpoints

So, today's Raleigh DWI Attorney Blog will discuss some aspects of the checkpoint and in what ways can they be challenged. Many people understand that, unfortunately, the Police have the ability to set up checkpoints. What many do not realize is the limited scope for which they can setup the checkpoint. As a Raleigh DUI Lawyer and Raleigh Traffic Lawyer, I have explored the various aspects of a check point and in what ways they can be challenged. This article will hopefully shed some light on this practice of law enforcement. First, in North Carolina certain case law has outlined the requirements of what constitutes a permissible North Carolina DWI Checkpoint. Under N.C. v. Rose, the courts found the Police in that particular case had improperly set up the checkpoint and therefore sent the case back to the lower courts to rule in accordance to their finding. Specifically, the court held that the Police did not set up the checkpoint for a specific reason, but rather set up it for 'general crime prevention.' This was in accordance with City of Indianapolis v. Edmond, where the U.S. Supreme Court held that for checkpoints to be Constitutional, the State must prove the primary purpose of the checkpoint was not for general crime prevention. From there, if the court finds the State proved the primary purpose of the DUI checkpoint was not for general crime prevention, then the court must determine the reasonableness of the checkpoint by applying the 'Lidster Analysis' which examines 1. The seriousness of the public concerns attended to by the seizure, 2. The degree to which the seizure assisted the public interest and 3. the gravity of the interference with individual liberty. The Police will normally set out a 'plan' which will outline the reason for the checkpoint and the means by which they conduct the checkpoint. In this plan, which must be authorized by some type of supervisor, there must be a set parameter by which the vehicles are stopped to ensure that no individuals are 'targeted.' Additionally, no one Police Officer may have authority to control or dictate the process by which the stops occur during the checkpoint. These restrictions are meant to ensure that the scope of these type of stops are very limited and very controlled. Remember, in America, we enjoy the right to Unlawful Search and Seizure, which normally requires a finding of Reasonable Suspicion to validate the temporary seizure. These checkpoints are a limited exception to this rule and therefore are strictly construed to very specific purposes. If you have received a North Carolina DUI Charge as a result of a Raleigh DUI Checkpoint or checkpoint anywhere else here in North Carolina, speak with a local DWI Attorney about your case. 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.

Raleigh DWI Defense | Understanding YOUR Case

So, today's Raleigh DWI Attorney Blog focuses on some of the fun questions I get as one of the Raleigh DWI Defense Lawyers in the area. As a practicing attorney, it is common place for people to approach you and ask for my thoughts on their case (or their friend's case, cousin's case, etc.). I also enjoy the hypothetical that comes with the position as well (what if......). Hypothetical questions are always fun because the person asking is usually looking for a professional view on a fictitious scenario and therefore has less at stake. However, for those that approach me about their Raleigh Criminal Charges, Raleigh DWI Charge or Wake County Traffic Ticket, they are very concerned about the outcome and therefore want me to give the best case options they have available to them. Normally, when speaking with the individuals, I have no problem sharing with them my opinion on how the case would be handled and what outcome I believe they could expect. What can become frustrating very quickly is when they questionor starts sharing with me what they have heard from friends and family. All-to-often, their cousin's friend's girlfriend had this exact charge dismissed. Or their Aunt in Wyoming faced something similar and the she got a slap on the wrist. It can be very difficult explaining to someone how those cases can be (or more often then not, are entirely) different from their current case. See, the reality of traffic, DWI, and Criminal Defense is there are so many variables that play into the outcome that any one individual's outcome can be entirely different from the next, even if they are in the same county. It's like asking why your surgery recovery time was different then someone 20 years younger then you who had the same surgery (or worse, had a different surgery). Being an Attorney, like most any other professional, requires an refined understanding of many minute variables which can impact the outcome of any one endeavour. For the practice of law, some of the more obvious are the State and county in which the charges were brought, the laws governing them, the prior criminal record of the Defendant, the District Attorney handling the case and the Judge if there is a trial. What a lot of people don't realize is there are many, many more factors that play into any one case. Who brought the charges, where there problems with the evidence, where there problems with the stop, what about any searches, any witnesses, are the witnesses for the State competent, are the present, etc.? As example, I provide free consultations for people calling about their Raleigh DWI charges, or any other North Carolina Criminal Charges or traffic tickets they received in the Research Triangle Area. The most popular by far are the North Carolina DUI/DWI Charge calls. Whenever I provide the potential client a case evaluation, I always tell them that I am making my best educated guess based on the facts as they have conveyed them to me. However, I won't know anything for sure until I have had an opportunity to speak with the Police Officer and take a look at their notes. I do this because, what the Defendant may remember about that night can be different then what the Officer remembers, and the Officer's Testimony is usually the one I have to work with (because putting a Raleigh DWI Defendant on the stand will lead to cross-examination about them drinking and driving and that hurts our case). In addition to someone else's experience with the same or similar charges, the other part of this is that of what other family or friends are telling the individual how the case should be handled. I always enjoy hearing what people with no prior legal experience are telling these individuals about the lawfulness of the Police Officer's conduct or how the case should proceed to lead to an out-right dismissal of charges. The reality is, you speak with an attorney about your case because they have an extensive education and (hopefully) experience in this area and can properly advice you about your individual case. So, this blog is dedicated to those who want legal advice but are letting what other people tell them influence their expectations. If you are facing charges in North Carolina, or anywhere else for that matter, speak with a local attorney about your case. If you have received charges in the Research Triangle Area, contact the Matheson Law Office today at 919-335-5291 for a free consultation.

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.

Raleigh Drug Charges | How Can We Trust The Tests?

Recently, I was looking through the news and happened upon a news story addressing drug testing, which applicable to this blog as North Carolina Drug Charges are big part of my law practice. The article in question, which can be read here explains that a common practices is for hospitals to do urinalysis of new born babies for the presence of drugs. One of the things they are looking for is THC, which is the active ingredient in Marijuana. Apparently, by identifying baby's who have been exposed to drugs, they can report the parents to local authorities. Likely, these parents will be charged with some form of child endangerment crime as well as likely struggle with Child Protective Services in maintaining custody of these children. While I certainly agree that it is important to protect children, especially new born babies, from a home where drugs are present, there is a flaw in all of this as the article explains. In the article, a hospital here in North Carolina was getting a high number of positives on these drug screen tests they were performing on the babies. After monitoring all the activity of the babies in this hospital, as well as the operations of all staff that interact with them, as well as all substances that the babies come into contact with, the study found out that it was baby shampoo that was causing the positive results. That's right, baby shampoo was causing these tests to indicate the presence of Marijuana in the babies' urine. In fact, there were four different kinds of baby shampoo from three different companies which caused these false positives. Now, let's stop and think, how many times do you think a parent has been accused of exposing their new babies to marijuana. How many have been charged with a crime, or worse, had their kids taken from them all from these types of tests which we now see are flawed. More importantly, if these tests can have a false positive as a result of baby shampoo, what other products can cause false positives that we don't know about? How does something like this get missed by those ensuring these tests are 100% accurate. I mention 100% accurate because certainly we would not convict someone of something as heinous as drug use, or exposing children to drugs, if the tests were not presented as 100% accurate. Because, you see, as far as this Raleigh Drug Defense Lawyer is concerned, if the tests are not 100%, then they should not be used. I would rather we have hundreds of potential convictions thrown out due to not having adequate testing which can meet the level necessary to convict, then to convict an innocent person of North Carolina drug possession or use as a result of one of these tests. Obviously, I'm not saying that the average drug user is bathing with baby shampoo, but again, if something as simple as this can cause a false positive, then the potential for other products doing the same thing is likely. The reality is as far as criminal prosecution goes, we as a society have turned over the responsibility of proving elements of crimes to machines. These machines are inherently flawed as anyone knows who has ever worked a copier/fax machine, DVR, or computer. Unfortunately, many believe that the science is somehow better at these levels then what we are used to. To some degree, they are better, but that doesn't mean they are infallible. In addition, regardless of how good they get, we all still enjoy a Constitutionally protected right to confront our witnesses. However, with most of this machinery, Criminal Defense Attorneys Raleigh or elsewhere are not given access to the code used for their programing in order to challenge it. Finally, the courts have just come to accept them as gospel, no matter how hard we try and show that they are prone to mistakes. This article should give pause to anyone, especially in the judicial field, from accepting accusations of criminal activity that involve scientific testing; including blood/urine/breath testing. If you are facing a North Carolina Drug Charge, or drug charges anywhere else, speak immediately with a local Criminal Defense Attorneys Raleigh or in your area to get specific advice about your case.

Raleigh DWI Defense | License Restriction

In the world of Raleigh DWI Defense the span of consequences is long and exhausting. Many realize that being convicted of a Raleigh DWI Charge will result in loss of license, an increase in insurance premiums and plenty of costs and fines. Some even know that there are consequences with even being CHARGED with a DWI, including loss of license for 30 days and a $100 civil revocation fee, even if you are not convicted. What some do not realize are the after affects of a North Carolina DWI Conviction which are less heard of. For starters, anyone with a blood/alcohol concentration of .15 or above will have the added requirement of having an Interlock device installed on their vehicle for one year at the point that they start driving after being convicted of a North Carolina Driving While Intoxicated charge. This device cost approximately $100 to install, and $60/month maintenance; all costs that are the burden of the Defendant. In addition to this requirement, where those with a blood/alcohol concentration below .15 (or who were convicted under the Appreciable Impairment portion of the statute) can receive a Limited Driving Privilege the same day as their conviction, those with a .15 BAC will have to wait 45 days before they can receive it AND have completed their Substance Abuse Assessment as well as all recommended treatment and show proof of the Interlock installation. Another thing to consider is any license restrictions which will be applied to the Defendant's driver's license once they get it back. A five-year restriction of DWI Convictions whereby the Defendant cannot be found driving with a blood/alcohol concentration of .04 or more. Though one would think after having been previously convicted of Driving Under the Influence in North Carolina, most would avoid drinking and driving anything, many people believe they are probably safe to drive after only one drink. In reality, depending on the individual, one drink can lead to a blow of .04. Recently, I was successful in getting an acquittal for a client charged with violating their license restriction. My client refused to provide a breath sample and the State elected not to obtain a blood sample. Since the State had no scientific evidence as to what, exactly my client's Blood/Alcohol Concentration was, I argued that the State failed to prove beyond a reasonable doubt that my client's BAC was at .04 or above. Lastly, and most importantly, in North Carolina, you DO NOT want to get a second DWI after having previously been convicted. If the prior DWI conviction was within the preceding 7 years prior to the new DWI, that is a Grossly Aggravating Factor. One North Carolina Grossly Aggravating Factor will result in a minimum mandatory jail sentence of 7 days. Obviously, there are other consequences, namely the fact that the conviction will show up on the Defendant's record. Obviously, it is recommended to never get charged with a DWI in North Carolina, but if you have been, seek legal counsel immediately. If you received a DWI, or any other Traffic or Criminal citation in the Research Triangle Area, contact the Matheson Law Office, Pllc for assistance.