by Blake Marcus | Sep 28, 2018 | (DWI) Affirmative Defense, DUI DWI
Photo credit to Tyler Stewart and the publication News and Tribune The most commonly used device during a DWI investigation is the alcohol screening test device or the portable breath test (PBT). This device is a tool designed to give officers a tool to validate their...
by Minick Law | Sep 26, 2018 | (DWI) Affirmative Defense, DUI DWI
Affirmative Defense: A Guide to Affirmative DWI Defense Automatism Defense Using Automatism and Involuntary Intoxication Defense in DWI Cases Read More Coercion-Duress Defense Duress Defense in the DWI Context Read More Entrapment Defense Utilizing the Entrapment...
by Minick Law | Jul 16, 2018 | (DWI) Affirmative Defense, DUI DWI
When does a person charged with Driving While Impaired have the ability to claim the necessity defense? In most attacks to a driving while impaired case, the defense is trying to argue reasonable doubt as to one or more of the elements of the DWI charge. However,...
by Minick Law | Jul 10, 2018 | (DWI) Affirmative Defense, Criminal Law, DUI DWI
The Police Made Me Do It When utilizing an entrapment defense the defendant must show that he committed a crime at the urging of a government official. North Carolina allows the defense of entrapment in the context of driving while impaired. State v. Redmon, 596...
by Minick Law | Jul 10, 2018 | (DWI) Affirmative Defense, DUI DWI
When does a person charged with Driving While Impaired have the ability to claim the duress defense and/or coercion defense? Can one become forced into driving while impaired? In certain circumstances a defendant charged with DWI may be able to argue that he was...
by Minick Law | Apr 18, 2018 | (DWI) Affirmative Defense, DUI DWI
When can a person claim that he did not know he was driving or did not know he was intoxicated? The automatism defense or a defense based on claims of involuntary intoxication can often feel like fact patterns from a law school exam due to the oddity of the...
