15 July

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Contributory negligence and 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...

13 June

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An accident with a truck may lead to long-lasting injuries

Posted by Chris Proffitt

in car accidents

North Carolina roads may prove frustrating, especially during your commute to and from work. Traffic woes plague well-populated areas as throngs of motorists try and make their way from one place to another around the clock. Accidents happen, but those that occur between a motor vehicle and a semi-truck can wind up as the most severe. Depending on the circumstances of the crash, drivers may end up with catastrophic injuries while some less fortunate do not live. Take a look at some of the injuries that often occur when in an accident with a big rig. Fractures The most common injuries sustained in...

06 June

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Can good housekeeping help prevent falls?

Posted by Chris Proffitt

in personal injury

Falls happen a lot, and for many reasons. Floors can be wet, greasy, uneven, damaged, and this does not take into account loose material items and equipment that can litter a floor and cause someone to take a nasty spill. Falls are such menaces that according to the Grainger website, fall injuries make up a quarter of all reported annual injury claims and about 65% of total work days lost. One way you can minimize fall risks on your North Carolina property is to pursue a regular housekeeping regimen. Basically, good housekeeping is regular and habitual. It is not a special...

29 April

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Should juries believe forensic evidence?

Posted by Chris Proffitt

in criminal defense

On “CSI,” forensic evidence is key to solving almost every case. In real life, many forensic techniques are of questionable scientific validity. Human error and even intentional bias infect these tests. Analysts sometimes work to prove prosecution cases rather than presenting neutral findings. Far too often, analysts exaggerate the statistical certainty of their findings. In 2009, the National Academy of Sciences issued a report questioning the scientific validity of many common forensic science techniques. In 2015, the FBI admitted that, for decades, its analysts had been making serious errors in at least 90 percent of cases involving testimony about microscopic hair comparison...

11 April

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Can I get arrested for biking while intoxicated?

Posted by Chris Proffitt

in criminal defense, DWI/DUI

We all know you will be arrested if you drive your car with a blood alcohol content of 0.08 or greater. We know you will be arrested if you are over the limit and are driving a motorcycle, ATV or boat. But what if you are in control of a bicycle and you are over the limit? Can you be arrested for Driving While Bicycling? In North Carolina, the answer is yes. A danger to yourself or others The question police officers must ask is if you are a danger to yourself or others. If the answer is yes, then they will stop you...

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