28 August

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Will I go to jail for DWI in North Carolina?

North Carolina treats driving while impaired as a misdemeanor with five separate penalty levels from V, the least severe, to I, the most severe. Every level carries a mandatory minimum jail sentence, starting with 24 hours to 60 days for a first-time offender. However, some Level V, IV and III offenders may be eligible for a suspended sentence for a North Carolina DWI charge. Jail time for each DWI level Mandatory minimum and maximum sentences for DUI imposed by the state are as follows: 24 hours to 60 days in jail for Level V 48 hours to 120 days in jail for Level IV 72 hours...

22 August

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The consequences of speeding can be more severe than a ticket

Posted by Chris Proffitt

in Traffic Violations

Busy lifestyles have become the norm. People seem to always be rushing around to bring their kids to school, go to work, pick up the kids, go to the grocery store, and complete all the little errands that must be done in between. Having a busy lifestyle can be exciting and fulfilling, but those leading busy lifestyles may be more likely to develop some bad habits. For many people, a fear of running late can encourage speeding. However, speeding puts everyone on the road at risk. Speeding may be especially prevalent in North Carolina In North Carolina, speeding contributed to almost 32% of all traffic fatalities...

07 August

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What are the chances of a shark attack?

Posted by Chris Proffitt

in personal injury

Warm weather means people flocking to the beaches in North Carolina. However, in recent years, there has been a lot of talk about shark attacks, even close to shore. This may keep you away from the beach out of fear that a shark could attack you, but how likely is that to really happen? The News & Observer explains that shark attacks are not really that common. There are actually many other more mundane things that have a higher chance of killing you. Shark attacks are just so feared and sensationalized that when one happens, it makes the news. It is...

26 July

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What are my Fourth Amendment rights?

Posted by Chris Proffitt

in criminal defense

The Fourth Amendment to the U.S. Constitution guarantees you the right to privacy. It specifically protects you from unlawful searches and seizures by law enforcement officers. In most cases, a warrant is necessary for a police officer to carry out a search or seizure. However, there are certain exceptions to the rule. Police officers can conduct certain searches and seizures without warrants in specific circumstances. Warrant requirement Police officers can search you or your property without violating the Constitution by obtaining a warrant from a neutral judge. The official seeking a warrant must explain the reasonable suspicion of criminal activity and identify the...

15 July

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Contributory negligence and car accidents

Posted by Chris Proffitt

in car accidents

Motor vehicle accidents are commonplace on North Carolina roads. Suffering an injury of any variation in an accident entitles you to recover damages; however, contributory negligence laws may prevent you from getting as much as you need. Our attorneys at Nielsen Legal understand the devastating physical and financial consequences an accident may cause. We believe it is important that you know what role contributory negligence may play in a personal injury lawsuit. Contributory negligence defined When vehicles collide, one driver may carry the brunt of the responsibility. Perhaps the accident was a result of running a red light or excessive speed. Insurance adjusters...

02 July

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Aggravated assault charges in North Carolina

Posted by Chris Proffitt

in assault and battery

When tensions escalate into physical altercations between people in North Carolina, the repercussions may be serious and long-lasting. This is particularly true in cases involving alleged attacks that involve the use of weapons and result in serious bodily injuries to victims. Considered a serious offense, an aggravated assault arrest or conviction may have significant consequences. According to the North Carolina State Bureau of Investigation, aggravated assault is defined as an unlawful attack on another person with the intent of causing severe bodily injury. These offenses involve the use of a weapon or other such means meant to inflict serious harm or...

01 July

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Does North Carolina have mandatory minimum drug trafficking sentences?

Posted by Chris Proffitt

in drug trafficking

A drug trafficking conviction may be heavy in North Carolina. When it comes to drug charges, drug trafficking is one of the more serious convictions. Drug trafficking may not involve extreme amounts of drugs. These charges also apply to a multitude of different substances. Under North Carolina law, according to North Carolina Health News, similar drug crimes do not have equal treatment. Two similar crimes may have extremely varied sentencing due to the mandatory minimums in North Carolina. If a person has 3.9 grams of heroin on his or her person at the time of an arrest, he or she will...

24 June

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How Keto diets impact breathalyzer results

Posted by Chris Proffitt

in criminal defense

Several recent cases in South Carolina and other states have uncovered a strange problem where drivers on a keto diet produce positive results for alcohol intoxication even when they haven’t been drinking. During ketosis, the liver increases its breakdown of fat, producing acetone. This chemical is partially evaporated as isopropyl alcohol. A breathalyzer can’t distinguish this from consumed alcohol that results from drinking according to many medical professionals, leading to a false positive. Companies that manufacture fuel-celled breathalyzers, which are the type used by the police during traffic stops, claim that their devices can tell the difference between isopropyl alcohol and...

21 June

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Have you modified your home to account for your paralysis injury?

Posted by Chris Proffitt

in personal injury

Your recent personal injury in North Carolina may have resulted in you having to use a wheelchair for the foreseeable future. Depending on the severity of the injury, you may have to make modifications to your home to make it easier for you to get around and carry out regular day-to-day tasks. The Christopher and Dana Reeve Foundation provides some insight into common home modifications for those who use wheelchairs. Gain a better understanding of universal design to maximize your comfort and accessibility in your home. Exits and entrances Focus on eliminating stairs at all entrances and exits in your residence. You also...

20 June

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Rest is the only cure for drowsy driving

Posted by Chris Proffitt

in car accidents

The results of several studies reveal that most motorists in North Carolina and around the country understand that drowsy driving can be extremely dangerous. However, a worrying number of them also admit that they routinely get behind the wheel or stay on the road when they are too tired to drive safely. Most of these drivers would never venture onto the roads after drinking heavily, but a motorist who has not slept for 24 hours is just as impaired as one with a blood alcohol concentration of .10 according to the National Sleep Foundation. The problem is that most drivers are...

Author: Chris Proffitt