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Mecklenburg County Criminal Defense Law Blog

Requirements for ignition interlock devices

If you have been arrested for and charged with a driving while intoxicated offense in North Carolina, you will no doubt be concerned about the consequences that you may face and how these will impact your daily life. One of the consequences many people worry about is the loss of driving privileges. Not being allowed to drive can make it difficult, if not impossible, to keep your job or take care of your family. 

In some situations, you may be eligible to have your driving privileges reinstated if you install and use an ignition interlock device. As explained by the North Carolina Department of Transportation, the use of an IID is mandatory for some drivers convicted of DWI offenses. These drivers include anyone who had previously been convicted of at least one other DWI charge in the previous seven years. Also, any driver with a blood alcohol content exceeding 0.14 percent might need to install an IID.

Expunging a juvenile's record

Every parent in Charlotte likely hopes that their children can look to the future and find it rife with opportunities. Those opportunities, however, can quickly become limited if a youth is convicted of a crime. A lack of experience and judgment can often lead kids and teens to do things that, given the greater degree of maturity that comes with age, they otherwise wouldn't. Indeed, information shared by the Office of Juvenile Justice and Delinquency Prevention shows that as recently as 2017, over 809,000 juvenile arrests were made in the U.S. That represents over 809,000 youths whose actions could place their future prospects for success in jeopardy. 

Fortunately, those included in that number who hail from North Carolina have the opportunity to have their criminal convictions expunged from their records. According to information shared by the Juvenile Law Center, one can indeed have offenses committed while still a minor removed provided they meet the following criteria: 

  • They are 18 years old
  • 18 months has passed since they were released from juvenile court jurisdiction 
  • They have not been convicted of any other misdemeanor or felony offenses (either in North Carolina or any other state)

Sheriff’s office searches for man who committed identity theft

Rowan County law enforcement is searching for an unidentified man who stole personal identification details from a North Carolina victim. The man has used this information to make purchases and open accounts in the victim’s name.

The victim reported a case of identity theft to the Rowan County Sheriff’s Office in November.

Why look for your BAC in your breath?

You may often hear stories of people in Charlotte challenging the validity of results produced by a roadside breath test. It only makes sense, then, that if you find yourself facing charges for driving under the influence, that you would also raise the same questions. Often at the heart of disputes over sobriety test results is how is that your breath is able to offer an accurate measurement of the alcohol content of your blood? Understanding the answer to this question tells you how law enforcement officials rely on such results to verify your intoxication. At the same time, it also may give you the information needed to question the results of your breath test. 

According to the Alcohol Pharmacology Education Partnership, the type of alcohol ingested in drinks is ethanol. This is a water-soluble compound that is able to permeate and pass through membranes through a process known as passive diffusion. Thus, as ethanol travels through your gastrointestinal tract, it passes through the lining of the stomach and small intestine and ends up in the bloodstream. 

Is it avoidance or evasion?

Like most in Charlotte, you understand that Uncle Sam is eventually going to get his own chunk of your earnings; the real question is whether that is going to happen every two weeks or once a year in April. While you might appreciate the need for taxes, that does not mean that you want to pay any more than you absolutely have to. There are plenty of methods through which you can save on paying taxes; your just need to know whether they classify as tax avoidance or tax evasion

The Internal Revenue Service draws a strict distinction between the two. Tax avoidance refers to the steps you can take to minimize your tax liability, while tax evasion is any action you take to keep from paying taxes. The IRS recognizes your right to reduce the amount you have to pay in taxes through legitimate means (and even encourages it). Increasing your contributions to your retirement savings plan, putting money in health savings account to cover medical expenses, or deducting your non-reimbursable work expenses from your overall tax liability are all commonly accepted and endorsed tax avoidance methods. 

What are the gun laws in North Carolina?

If you’re a gun owner in North Carolina, you naturally want to stay in step with the current laws. Even a lawfully permitted gun can land you in trouble in certain situations, and it can be hard to stay on top of all the relevant laws and regulations. In this case, The News & Observer offers the following information, which all gun owners in the state should be aware of.

Illegal guns

How can I get help for alcohol abuse?

Drunk driving is taken very seriously in North Carolina. If you’re subject to a drunk driving charge, your problems may extend beyond just the legal. In many cases, people with drunk driving charges must also seek treatment for an alcohol disorder, which can impact your professional life as well as interpersonal relationships with friends and family. The National Institute on Alcohol Abuse and Alcoholism offers the following guide in this case.

The first step is to identify whether you have a drinking problem. You can do this by looking for common signs of alcohol addiction or abuse. For instance, do you often crave a drink, especially in the morning? Have you experienced withdrawal symptoms, such as irritability and shakiness, when you stop drinking? Do you want to stop or cut back on drinking but find that you can’t? These are all signs that you may have a drinking problem.

DUI arrest costs school superintendent her job

The risks one poses (and assumes) when getting behind the wheel after having been drinking in Charlotte are well-documented. The fact that people still do it may speak to something more than just mere carelessness. Few (if any) people may actually want to harm themselves or others while driving drunk, the issues that defy the logic of the scenario may prompt them to drive anyway. What is unfortunate about such a situation is that their decision may end up causing them to face consequences that could potentially alter their lives. 

A DUI arrest can certainly do that, and in more ways than one may think. While the common penalties for driving under the influence may seem to be minor (at least for initial offenses), it often is the collateral consequences that most have the hardest time dealing with. A South Carolina woman is having to learn this lesson the hard following her DUI arrest. She was charged after being involved in an accident during the late night hours (in which fortunately no one was hurt). The next day, she was placed on administrative leave from her position as the superintendent of a local school district. She tendered her resignation later that evening. 

What should I know about drug treatment?

If you’re facing a drug charge in North Carolina, you may feel like you’ve lost control of your life. In many cases, people faced with drug offenses have a deeper issue with drug use and abuse, and these issues often need to be addressed on a professional basis. The National Institute on Drug Abuse offers the following information on how you can get help for your drug addiction.

Different types of treatments

Implied consent in North Carolina

One of the most stressful situations for drivers on the road is having the police pull you over. There are many reasons that a police officer may pull someone over, but suspicion of driving while intoxicated (DWI) is one of the most serious. Because of this, there are severe consequences for the actions. Many North Carolina residents report driving after drinking too much, which is why it is important to know about implied consent.

One of the first things an officer will do when you are pulled over due to suspicion of a DWI is ask you to take a breathalyzer test. If you refuse, you are going against North Carolina’s implied consent law. What is this?

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The Law Office of Kevin L. Barnett
130 North McDowell Street Suite C
Charlotte, NC 28204

Phone: 704-899-5574
Fax: 704-334-2095
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