23 April

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When is a DWI upgraded to a felony charge?

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...

24 February

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Study finds many court psychological tests junk science

Posted by Chris Proffitt

in criminal defense

The field of psychology is not doing enough to screen out unreliable psychological tests that are being used in the U.S. court system, according to a new study. As a result, courts in North Carolina and elsewhere are allowing junk science to improperly influence juries and judges in criminal trials and other court proceedings. Researchers from Arizona State University examined 876 U.S. court cases between 2016 and 2018 to determine what types of psychological tests were used. They found that the most frequently used test was the Minnesota Multiphasic Personality Inventory, and the second most frequently used test was the Rorschach...

22 February

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Misuse of company credit cards may lead to embezzlement charges

Posted by Chris Proffitt

in White Collar Crimes

Embezzlement typically refers to situations in which employees misuse their employer’s funds. The funds may find their way into covering personal expenses or transfer to another individual, but the basic allegation is that it represents theft from an employer. Many organizations rely upon the convenience afforded by credit cards to cover various expenses. Under certain circumstances, however, those employees entrusted with them might experience the temptation to use them for other than company business. In two separate cases, a Raleigh man and a Beaufort County bookkeeper faced newsworthy employer credit card embezzlement charges. The more notable of the two involved the Raleigh...

12 February

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Report advocates change to NHTSA’s car safety rating system

Posted by Chris Proffitt

in car accidents

North Carolina residents may check to see what a vehicle’s safety rating is before buying. This five-star safety rating system, developed by the National Highway Traffic Safety Administration in the 1990s, can certainly be helpful, but there is a widely felt need for updates to make it more accurate. A report from October 2019 has expressed this need. According to the report, the quantity of crash testing that goes into determining the safety rating is minimal when compared to other countries. Europe in general performs four times as many crash tests as the U.S. does before rating vehicle safety. The federal government is...

10 February

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A drug conviction may make you ineligible for federal student aid

Posted by Chris Proffitt

in criminal defense, Drug Charges

If you attend the University of North Carolina at Asheville, you undoubtedly love your collegiate experience. After all, not only does the school provide a first-rate education, but it also offers dozens of opportunities for getting the most out of student life. If you rely on federal student aid to attend the university, though, a drug conviction may be problematic. The FAFSA allows students to apply for certain loans, grants and work study programs. When completing the application, you must answer a question about your criminal background. Specifically, you must reveal whether you have been convicted of possessing or selling a...

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