19 January

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Do you know how the driver’s license point system works?

Life in the Asheville area is much easier if you have a driver’s license. Still, your driving privileges are not a guarantee. If you commit certain driving infractions, you may face a driver’s license suspension. To keep track of your driving infractions, North Carolina uses a point system. The North Carolina Division of Motor Vehicles assesses points for driving infractions. Generally, if you accumulate 12 or more points in a three-year period, officials suspend your driver’s license. There are a couple exceptions to this rule, however. Some infractions trigger an automatic driver’s license suspension Many traffic infractions result in the assessment of just one, two or...

05 January

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Must you answer a law enforcement officer’s questions?

Posted by Chris Proffitt

in criminal defense

If, like many people, you believe you have a legal obligation to answer any question a law enforcement officer asks you, think again. While you must identify yourself or produce identification when an officer requests you to, that is the extent of your legal obligation. You need not answer any additional questions or volunteer any additional information. In fact, doing so could come back to haunt you later. FindLaw explains that you have two kinds of rights when officers question you: constitutional and Miranda. Miranda rights In the 1966 U.S. Supreme Court case of Miranda v. Arizona, the Justices enumerated your Miranda rights...

04 January

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What are the penalties for a first-time DWI in North Carolina?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

During the last few weeks, many Asheville residents have celebrated the Christmas and New Year’s holidays. As part of that, they may have had a few festive drinks – maybe some spiced eggnog or hot buttered rum or mulled wine. If you were one of those who went to a small gathering, drank a little more than you should have and then ended up facing a first-time drunk driving charge, you may be wondering what penalties you’ll face with a conviction. In North Carolina, a first-time DWI (driving while impaired) offense can include the following consequences: Paying a $200 fine Spending between 24 hours and 60...

01 January

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The police have a new tool: Digital vehicle forensics

Posted by Chris Proffitt

in criminal defense

The police are using technology in ever-increasingly creative ways throughout their investigations. Now, an emerging science known as “digital vehicle forensics” is giving the authorities new ways to win convictions. What is digital vehicle forensics? Digital vehicle forensics is the art of mining all of the data that gets collected by the computers in every modern vehicle. Up until recently, the amount of information that could be gleaned from a modern vehicle’s electronics was largely overlooked. That’s changed. Now, everything from a car’s navigational device, hands-free systems and other “smart” features can all be scoured for evidence that can disprove alibis or hand police...

23 December

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Proving addiction may help reduce drug trafficking penalties

Posted by Chris Proffitt

in drug trafficking

North Carolina’s prosecutors may aggressively charge an individual with multiple drug-related offenses. The allegations may include charges such as unlawful distribution and trafficking. The court, however, may decide that there is not enough evidence to sentence a defendant on every charge. The First Step Act, which went into effect during 2020, permits the Tar Heel State’s judges to deviate from mandatory minimum sentencing requirements. As noted by U.S. News and World Report, an addicted first-time nonviolent offender may request a less severe sentence for a drug-trafficking conviction. Substance abuse treatment programs may help reduce repeat offenses Studies revealed that 85% of incarcerated individuals...

21 December

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Be wary of drunk drivers over the next few weeks

Posted by Chris Proffitt

in personal injury

During the holiday season, there’s plenty of Christmas cheer — and much of that comes in a cup. Mulled wine, hard cider, coffee with a little Kahlua or Bailey’s Irish Creme thrown in is in the offerings wherever you may go. All that extra “holiday spirit” adds up to one thing: an increase in drunk driving accidents. What else drives the rise in drunk drivers during the holiday season? It isn’t just the fact that alcohol has traditionally been a part of holiday celebrations that leads to an increase in drunk drivers. Experts say that there are several different factors that come into play: People who...

07 December

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Facing possible assault charges? Here’s how to help yourself

Posted by Chris Proffitt

in assault and battery

You’re not a violent person, and you never expected to end up in a physical altercation with your roommate, neighbor or some stranger at a bar — but it happened. Now, the police are involved and you’re worried you may end up facing charges (even if the other guy started things). Four things you can do to help yourself after a fight The thought of being arrested and charged with assault can make people panic, so take a deep breath and remember these tips: Do not talk to the police. You have an absolute right to remain silent, and you should exercise that right. Don’t be fooled...

30 November

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How do you make a claim against someone else’s car insurance?

Posted by Chris Proffitt

in car accidents

Recently, you were in an auto accident while navigating North Carolina’s roads. The police report determined the other driver bears fault for the accident, but you do not know how to file a claim on another’s car insurance. Forbes offers information you may find useful. Learn how to make a third-party claim and receive the compensation you need to repair your vehicle and cover your resulting medical bills. Making a third-party claim For your scenario, you want to make a third-party claim. The other driver acts as the first party, the insurance company becomes the second and you are the third party. While...

23 November

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How DNA kits can destroy your privacy

Posted by Chris Proffitt

in criminal defense

At-home DNA kits from brands like 23andMe and Ancestry are very popular holiday gifts. They may also be destroying whatever semblance of privacy Americans may have left. It’s not the DNA kits themselves that are a problem — it’s the databases being used to store the information. While most people view these commercial DNA tests as either a novelty that can help them explore their family’s history, others use them to find long-lost (or hitherto unknown) relatives. To that end, many companies have created forums for people to upload their test results and look for genetic connections among others. Genetic investigations are getting more...

20 November

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What are some immediate signs of a spinal cord injury?

Posted by Chris Proffitt

in personal injury

Car accidents and slip-and-fall injuries caused by the fault of another may result in serious spinal damage. The Mayo Clinic reports that most people who suffer these injuries are in their late teens to early 30s; however, you may experience one at any age. If you experience a car accident, fall or a violent act that injures your spine, understanding the immediate effects may help you understand what kind of medical treatment you may need in the future. Loss of sensation After an accident, you may experience numbness almost anywhere in your body, depending on which bones in the spine experience trauma. Loss...

Author: Chris Proffitt