In this episode, Jake takes on the common formula often argued by prosecutors at a probable cause hearing: odor of alcohol + positive PBT = probable cause. After reviewing the relevant statutory framework and seminal cases on this issue, Jake gives criminal defense lawyers three counterpoints that debunk the State arguing that an odor and an Alco-Sensor justify an arrest for DWI. Given the frequency of Probable Cause challenges in DWI cases, this episode is critical for every DWI practitioner.
Listen to Jake give a survey of the relevant case law on the utilization of a PBT in formulating probable cause, including: State v. Rogers, State v. Townsend, State v. Overocker, and State v. Ezzell.
Understand why State v. Overocker is the most important case in interpreting the current version of 20-16.3(d).
Uncover in-depth, the reason that Jake believes that the law, the facts, and common sense are on your side in debunking the State’s argument that a PBT plus odor equal PC.
Discover why it is so important for the North Carolina defense bar as a whole to study these cases and consequently educate judges on this issue.
Getthe latest episodes from the NC DWI Guy Podcast.
This podcast is full of value, void of hype, tailored to your interests whenever possible, never pushy, and always free.