DWI Lawyer in Greensboro
As college basketball gets underway, there’s a lot of excitement around the season. The Fans are Back! But with more fans, comes more scrutiny. Coach K is in his final season as the head coach of the Duke Blue Devils and he’s got a good thing going with his grandson being on the team. Our DWI lawyer was advised that his grandson was recently charged with DWI.
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Law enforcement reports that Coach K’s grandson was the driver and a star player on the team, Paolo Banchero, was a passenger in the vehicle. They charged the grandson with driving while impaired and Banchero with aiding and abetting a DWI. They both received written promises to appear in court.
Our Greensboro DWI lawyer is unaccustomed to seeing passengers in vehicles charged with aiding and abetting DWI unless they believe they’ll need the testimony of the passenger. Coach K’s grandson was a walk-on and it’s sad to see this situation make major local and national sports news. He just became a scholarship player where Banchero is one of the top basketball players in the country.
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A lot goes into a driving while impaired charged. In North Carolina, we do not have a driving under the influence charge sometimes referred to as a DUI, but we do have a Driving While Impaired charge also known as a DWI. The first question or thing we look at with a DWI is why was the vehicle stopped?
Law enforcement is not permitted to just stop people because they feel like it, but rather they need a reasonable suspicion that some sort of criminal activity is afoot. Were they speeding, swerving, didn’t have their lights on, windows tinted, etc. The reason for the stop is the first thing we examine when looking at an impaired driving case, because if the stop isn’t valid, the entire driving while impaired case could be thrown out.
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The next step we look at is probable cause. What was law enforcements Probable Cause for conducting a further investigation? Was there an odor of alcohol, bloodshot glossy eyes, odor of marijuana, etc. All of these things could lead to law enforcement conducting further examinations of the driver of the vehicle.
In North Carolina, the National Highway Transportation and Safety Administration has standardized field sobriety tests it conducts to make a determination as to whether someone is impaired. These include the Horizontal Gaze Nystagmus test, walk and turn test, and the one legged stand. These tests along with a portable breath test are what law enforcement use to determine if they have probable cause to arrest.
Important to note, the police can also take your blood because North Carolina is an implied consent state. Meaning that every person who uses our highways in North Carolina, impliedly consents to a blood draw or to be tested for impairing substances when traveling our roads. If you refuse a breathalyzer, PBT, or the intoxilyzer, law enforcement can mark it down as a refusal. A refusal will revoke your license for one year, and if convicted of the DWI it could revoked your license for another year.
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This is why speaking with an experienced DWI lawyer is so vitally important. It’s also good to talk with an impaired driving attorney if you go out late at night so you know how best to stay safe and protect your rights during these situations. Our top rated DWI Lawyers are here for you and your family when you need us most, contact us today!