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Articles Posted in DWIs


Modified Transcript of “How Do You Defend Guilty People?” for Hearing Impaired

As a criminal defense lawyer, a lot of times I’m asked, “How can you defend a guilty person?”  “How Do You Defend Guilty People?”

Well, our justice system is set up to where everyone needs a lawyer.

As Super Bowl Sunday approaches, dedicated football fans across the nation have already begun planning their game-day parties and celebrations.  If you are thinking of going to a friend’s house, a local sports bar, or some other destination to watch the game, we recommend planning ahead, especially if you expect to consume alcohol.

Plan ahead.  It’s just not worth taking the chance – Danny Glover 

Super Bowl parties can get very exciting. It is not uncommon to get so enthralled in the game and social experience that you lose track of time and the number of drinks you have consumed. One drink turns into two, then three, then suddenly you are unable to remember how much you had to drink and when.

There are numerous “monitoring” options available for courts and Judges to impose upon people convicted of DWIs in North Carolina.  At this point, North Carolina DWI laws require the installation of an ignition interlock following a DWI conviction in several instances, including if you blow higher than .14, or if you have a prior DWI conviction in the past 7 years.  In addition, N.C. law continues to increase a Judge’s authorization to require use of a CAM (continuous alcohol monitor), as explained here.

Several states, including South Dakota and Montana, have adopted a new type of program called 24/7 Sobriety.  Basically, every person convicted of a DWI is required to go to a facility and take a breath test twice per day.  If the person fails the test, the person goes to jail.  Now apparently Florida is considering it, too.  But would it work in North Carolina?

I have a number of observations about this program.

Northeastern North Carolina is a waterman’s paradise. From the North River, to the Currituck Sound, to the Albemarle Sound, to the Pamilico Sound, to the Pasquotank River, to the Perquimans River, to the Chowan River, to the Atlantic Ocean via Oregon Inlet or out of Hatteras, there are miles and miles of water fun to enjoy.  However, there are numerous boating and water laws that you must obey, including laws involving alcohol. Violations of these laws can result in criminal charges if you are convicted of a DWI while boating in North Carolina.

Law Enforcement and Alcohol Consumption While Boating in North Carolina

While it is perfectly legal for you and your passengers to consume alcohol on the boat, even while it is in operation, it is illegal to operate a boat while impaired. Nautical law enforcement officers, such as game wardens, Marine Fisheries officer, the U.S. Coast Guard and federal wildlife officers, are all authorized to stop and board vessels on the water, and other law enforcement officers are authorized to stop you at the boat ramp and parking lots.

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