29 May

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Standoff and stabbing in Asheville raises questions

Crimes of passion can get the better of anyone—hence the name. If someone gets heated, they may act irrationally. This does not excuse the results, especially when lethal intent combines with deadly force. A standoff in Asheville shows how a situation can devolve after an inciting incident, as well as what questions go unanswered in the fallout. An early morning barricade According to WHNS Fox Carolina, authorities cleared surrounding apartments after responding to a stabbing. A man and woman surrendered to the police after five hours of negotiation with the Asheville crisis teams. Authorities took the man into custody on charges of assault with a...

28 May

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Motorcycle safety: What you need to know about helmets

Posted by Chris Proffitt

in car accidents

Following North Carolina motorcycle laws and safety recommendations is a smart choice for bikers in the state. According to the National Highway Traffic Safety Administration, motorcyclists make up a disproportionate number of traffic fatalities. While motorcycle fatalities did drop by 5% in 2018, there were still over 4,900 motorcycle related deaths. Many states, including North Carolina, have adopted helmet laws to help reduce fatalities. Helmet requirements North Carolina requires all licensed motorcycle riders to wear helmets that meet federal motor vehicle safety standards. Both drivers and passengers must wear a helmet if riding a motorcycle or a moped. There are three requirements for...

27 May

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Plea deals are sometimes viable defense options

Posted by Chris Proffitt

in criminal defense

When you’re facing criminal charges, you have several decisions to make early in the case. One of the primary ones is whether you are going to plead guilty or not guilty to the charges against you. Most people opt to plead not guilty so that they have a chance to fight the charges. For some individuals, the not guilty plea buys them time to find out if they are going to be able to work out a plea deal with the prosecutor. These agreements are typically encouraged by the courts since they help relieve the pressure on the court docket. One thing...

22 May

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The differences between burglary and breaking and entering

Posted by Chris Proffitt

in criminal defense

Confusion over the distinction between burglary and breaking and entering is understandable; each state has its own definitions that may not match up with others. In North Carolina, these two terms fall under the classification of property crimes. However, they refer to two different criminal offenses, and the penalties for each may be quite different. Breaking and entering buildings If someone breaks or enters a building but does not do any damage, he or she has committed a Class 1 misdemeanor, which could result in up to 45 days in jail. On the other hand, it is a Class H felony if someone enters...

23 April

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When is a DWI upgraded to a felony charge?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

There is a whole slew of variables and factors that could change an allegation of driving while impaired to a felony charge. DWI (Driving While Impaired) charges in North Carolina carry historically higher penalties than DUIs (Driving Under the Influence). Even with an otherwise clean record, there are several important considerations for what criteria a court may cite when categorizing an offense. Understanding the DWI category stratification In North Carolina, several additional components of a charge that could increase the penalties involved in a DWI and turn what would otherwise be a misdemeanor into a felony. These factors are called ‘grossly aggravating...

27 March

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Know what might impact your criminal sentence

Posted by Chris Proffitt

in criminal defense

When you’re facing a criminal charge, one thing that you have to think about is what sentence you might have to deal with if you’re convicted. This can be a primary driving force for your defense strategy. There are several things that go into what sentence you’re likely going to get for your charges. The court is going to look at the sentencing guidelines for the charge you’re facing. In some cases, there are mandatory minimum sentences, which means the court can’t issue anything less than that specific sentence. There are also suggested options for them to consider, so knowing this might give...

23 March

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Coronavirus leads FMCSA to ease trucker hours rule

Posted by Chris Proffitt

in car accidents

Many people may worry about the dangers they face on the roads when they are near a semi-truck. These fears are not without some legitimacy as the sheer size and weight of these big rigs can certainly contribute to extreme outcomes if and when an accident occurs involving a semi-truck. From brake failure to driver distractions and more, there are numerous factors that may contribute to these accidents. Trucker fatigue is one factor that the Federal Motor Carrier Safety Administration tackled when it enacted its Hours of Service rule. The Hours of Service rule placed a limit on the number of...

10 March

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How many people die in vehicle crashes in North Carolina?

Posted by Chris Proffitt

in car accidents

As a North Carolina resident, it is reasonable for you to know how well your state is doing when it comes to keeping people safe. While certainly the state alone cannot be responsible for preventing car accidents, the laws that it puts in place do go a long way toward helping this. Drunk driving is one behavior that provides an example as the state government develops the penalties for these offenses in the hopes of proactively preventing initial and repeat issues. Vehicle manufacturers may also contribute to safety on the roads with the inclusion of safety-focused features in new vehicles. Unfortunately,...

10 March

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Spring DST linked with higher number of fatal crashes

Posted by Chris Proffitt

in car accidents

North Carolina residents may be drowsy during their morning commute as a result of losing one hour of sleep with daylight saving time. What they may be unaware of is that DST has been linked with an annual increase in fatal car crashes nationwide for the first week of the switch. A study from the University of Colorado Boulder says that such accidents are 6% more frequent during that initial week. Researchers came to their conclusion after analyzing a total of 732,835 accidents that occurred in the U.S. from 1996 to 2017. To show that the link is not coincidental, researchers...

03 March

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Road rage: How to protect yourself from aggressive drivers

Posted by Chris Proffitt

in car accidents

It is common to feel angry while navigating through traffic on a busy day in North Carolina. Whether caught behind a slow motorist or rushing to get to an important appointment, it is frustrating to get caught in a busy rush of vehicles. In fact, more than 80% of drivers in the U.S. admit to having feelings of road rage while behind the wheel at some point within the last year, according to AAA. Road rage is often accompanied by aggressive driving behaviors, which can put everyone on the road at risk. Being able to spot the signs of road rage can help...

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