Charlotte DWI and the role of field sobriety tests

When you are pulled over by the police in Charlotte for a DWI you are under no obligation to perform field sobriety tests. In fact, any mistakes you make on the tests (called Standardized Field Sobriety Tests) will be used against you in court. These tests can also be used to establish “Probable Cause” to arrest you. You may refuse the breath test in North Carolina DWI arrests. However, there are some consequences to that decision. The first thing to note is that the officer can still demand a blood test. An officer will frequently do that if there’s been an accident, or an injury. The second factor to note is that without an alcohol reading it is often much more difficult for the state to prove the case against you. With that in mind you should also know that the court can consider your refusal of the test as an adverse factor in determining your guilt. The North Carolina DMV will suspend a driver’s license for one year for refusing the breath test. The driver will also not be eligible for a “limited driving privilege” to drive to and from work for the first six months of that suspension. It is always recommended that you contact a Charlotte DWI attorney.

Category: DWI Attorney Charlotte

Charlotte Personal Injury and the role of contributory negligence.

Under North Carolina law, if the defense can prove that the Plaintiff in a car accident case  is even just 1% negligent (and that negligence was a proximate cause in the accident), they are unable to recover money damages. While the law of contributory negligence is very strict, there are ways around it. Over the years there have been thousands of cases dealing with different facets of contributory negligence. This is why it is important to discuss your case with a skilled Charlotte personal injury lawyer at Rosensteel Fleishman, PLLC. Our lawyers know what facts to look out for to help your case. Further, our lawyers have access to the latest technology to examine up to the minute changes in the law.

Category: Charlotte Personal Injury Attorney