Contact Adkins Law to speak with an experienced Huntersville DWI attorney about your DWI charge. One of our Huntersville DUI lawyers will arrange a DWI consultation with you to discuss your strategies and options moving forward. Take a look at the December 2014 issue of Huntersville Magazine featuring Adkins Law PLLC. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a divorce attorney, traffic attorney, or estate planning attorney, contact Adkins Law PLLC. The NHTSA SFST battery is the standard for driving while impaired field sobriety testing. The SFST battery consists of three tests: (1) the horizontal gaze nystagmus (HGN) test, (2) the walk and turn (WAT) test, and (3) the one leg stand (OLS) test. The WAT and OLS require you to be able to walk, stand, and balance as a normal person would. If you are mobility impaired, you may not be able to complete the WAT and OLS portions of the NHTSA SFST battery. Historically, DWI police officers have relied exclusively on their observations and the HGN when making a DWI arrest of a mobility impaired person. Recently, however, police officers have been using NASBLA training to conduct a seated field sobriety test for mobility impaired subjects. The NASBLA field sobriety battery is patently different than the NHTSA SFST battery. The NASBLA field sobriety battery includes the following tests: (1) HGN, (2) finger to nose test, (3) palm pat test, and (4) hand coordination test. The battery is designed to detect boating while impaired (BWI) / boating under the influence (BUI) suspects and all tests are conducted from a seated position. Since the tests are conducted from a seated position, the NASBLA tests are supposedly applicable to detect DWI / DUI suspects. The problem with applying NASBLA tests to DWIs is that there is no study to prove their validity. In 2008, a study was conducted by NASBLA and the U.S. Coast Guard entitled “Validation of Standardized Field Sobriety Tests For Use in the Marine Environment.” The purpose of the study was to validate SFSTs for BWI / BUI enforcement in the marine environment. Due to balance, stability, and equilibrium issues that boaters may face, law enforcement realized that roadside SFSTs were not adequate to test for BWI. The NASBLA study shows that the NASBLA waterborne SFSTs are more accurate in testing for BWIs than traditional NHTSA roadside SFSTs. Since the study only focused on BWI enforcement, it was only validated for the marine environment. When a police officer attempts to use a NASBLA test to detect a roadside DWI suspect, that officer is using an unproven testing system. To reiterate, NASBLA tests have only been validated for use in the marine environment and are not proven to be effective to detect DWI suspects. Thus, NASBLA field sobriety tests should hold very little weight when used to prove that a mobility impaired suspect as DWI. If you were charged with DWI and would like to speak to a Huntersville DWI attorney, please contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area. The concept of confirmation bias occurs when a bias unconsciously influences the outcome of a test or observation. Instead of conducting a test objectively, someone is selectively looking for information or clues to confirm their pre-existing beliefs and hypotheses. Why is confirmation bias important in DWIs? Confirmation bias can play a large factor in a DWI arrest. Police officers are graded on their productivity. This is what drives most police officers to take more enforcement action. Knowing they have to be productive to meet their unspoken quotas, officers are often proactive in their enforcement activities. Consider a police officer that gets behind a vehicle, runs the tag, and discovers the driver has had previous DWI convictions. Based on the driver’s record, the officer may assume the driver to be intoxicated. The police officer will look harder for a reason to justify a traffic stop. If the officer is able to initiate the traffic stop, that officer will immediately begin to look for signs of impairment, which may or may not be there. In a situation such as this, typically, the officer will request the driver to submit to a roadside breath test. This is usually conducted before any standardized field sobriety tests (SFSTs) are conducted. The reason for this is because the officer knows it isn’t worth his time to conduct SFSTs if the driver doesn’t blow above a 0.08 during the roadside breath test. Often, an officer won’t initiate SFSTs unless the driver is above a 0.10 roadside. The officer knows that once they place the subject under arrest and transport them for their evidentiary breath test, their BAC may drop. The average person’s BAC drops between 0.015 to 0.018 per hour. Although this technique, which is very commonly used, is not recommended by NHTSA, it is extremely effective. The officer will both save time and quickly determine whether the traffic stop will yield a DWI arrest. The problem is that a preliminary roadside breath test creates confirmation bias during the SFSTs. If the driver blows over a 0.08 during the preliminary breath test, the officer will look hard while conducting the SFSTs to find the clues he needs for arrest. Not only is this not good practice, the entire SFST battery will be jaded. The officer will not be conducting the tests objectively, but will be looking a reason to justify the arrest, whether one truly exists or not. Often, if confirmation bias can be established, the probable cause for the arrest may be negated. If the probable cause for the arrest is negated, the DWI charge may be dismissed. If you have more questions concerning confirmation bias in a DWI arrest, contact a DWI lawyer. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a DWI attorney in Huntersville NC, contact Adkins Law to schedule an appointment with a DWI lawyer. In North Carolina, immediately after you are charged with a DWI / DUI, your license may be revoked by the DMV for a period of 30 days. After a 10-day period has passed, you may apply for a limited driving privilege (LDP). The following conditions must be met for you to apply for a limited driving privilege:
1. At the time of the alleged offense, you held either a valid drivers license or a license that had been expired for less than one year; 2. You do not have an unresolved pending DWI charge, or a new DWI conviction since the current DWI charge; 3. Your license has been revoked for at least 10 days if the revocation is for 30 days, or 30 days if the revocation is for 45 days; AND 4. You obtain a substance abuse assessment and register for and agree to participate in any recommended training or treatment. These are statutory requirements set forth in NCGS 20-16.5 and may not be waived. If you meet the statutory requirements, you still are required to provide the court with the following information: 1. Proof of Insurance, specifically a form called the DL 123. Your insurance company should be able to send this to you or your lawyer; 2. Proof that you have completed the substance abuse assessment and enrolled in any recommended training or treatment. Your assessment facility should be able to send this to you or your lawyer; 3. A certified copy of your 7-year driving record from the North Carolina DMV; 4. A petition for Limited Driving Privilege (AOC-CVR-9) and Limited Driving Privilege Order (AOC-CVR-10 or AOC-CVR-11); AND 5. A $100.00 payment to the Clerk of Court. You may appear in court anytime 10 days after you are charged with DWI / DUI to apply for your limited driving privilege. The issuance of an LDP is not guaranteed. Instead, a judge must review your petition and decide whether or not to issue the order based on his or her discretion. If you have any questions about the limited driving privilege process, it is recommended that you contact an experienced DWI lawyer / DUI lawyer to assist you. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, and Mecklenburg County. Contact Adkins Law if you need to speak with a Huntersville DWI attorney. Most DWI lawyers / DUI lawyers in Charlotte, North Carolina have had DWI cases in either the Park Road Shopping Center area or Plaza Midwood area. These are two of the most prominent areas for DWIs in Charlotte, NC. The Charlotte-Mecklenburg Police Department (CMPD) has police officers whose only job is DWI / DUI enforcement in these areas. Park Road Shopping Center area The Park Road Shopping Center area is extremely popular for police officers to make DWI arrests. Not only are there numerous bars on Montford Drive and in the immediate vicinity, many impaired drivers use Park Road to drive home after drinking downtown. Probably the best hiding spot for a CMPD DWI enforcement officer in this area is behind the Taco Bell at the intersection of Montford Drive and East Woodlawn Road. DWI / DUI enforcement officers will back in behind the Taco Bell so they cannot be seen by drivers on Montford Drive heading to E. Woodlawn Rd. The stop sign at this intersection is run by a high number of drivers. This is true whether the driver is impaired or not because the stop line sits farther back than the actual sign. Thus, on Friday or Saturday night, it is very easy for a police officer to hide here, stop vehicles for running the stop sign, and make DWI / DUI arrests. It is never advisable to drink and drive. If you drink, always have a plan to get home that doesn’t include you driving. If you have had a drink and decide to drive home, avoid driving on Montford Dr. if at all possible. Definitely do not drive through the intersection at Montford Dr. and E. Woodlawn Rd. Plaza Midwood The Plaza Midwood area is another DWI / DUI hotspot in Charlotte, NC. One of the most popular spots for CMPD DWI / DUI enforcement officers to hide here is off of Commonwealth Avenue in between Gordon Street and Thomas Street. There are plenty of places for police officers to back in, hide, and observe the two stop signs facing Commonwealth Avenue here. Given the high number of bars in the area, on a Friday or Saturday night, it isn’t long before an officer will observe a stop sign violation, initiate a traffic stop, and make a DWI arrest. If you frequent the bars in Plaza Midwood, do not drive afterwards. If you do, definitely avoid Commonwealth Ave. between Thomas St. and Gordon St. There are plenty of other DWI / DUI hotspots in Charlotte, NC. The NODA area and Uptown area also have plenty of DWI hotspots where DWI enforcement officers hide. The best plan of action is not to drink and drive. Of course, everyone makes mistakes and alcohol impairs your ability to make wise decisions. Do your best to make a plan to safely get home. And, make sure you always have the number of a good DWI / DUI lawyer in Charlotte, NC in your wallet just in case. Contact Adkins Law to schedule a free DWI consultation with a DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. A review of the top four items that a police officer looks for to initiate a traffic stop in the Huntersville and Lake Norman area. Learn these items and ensure that they are valid and fixed before you drive in Huntersville, Cornelius, Davidson, and the Lake Norman area. OVERVIEW If the police want to stop a vehicle, most times they can find a reason. This may require the police following your for several blocks or miles, but they usually can find a reason. Whether this reason constitutes reasonable suspicion to justify the stop is another matter. In order for the police to legally be able to stop you, they must have at least reasonable suspicion. Some people refer to this as reasonable, articulable suspicion or just simply RS. While the police may have probable cause to stop you, which is a higher standard than reasonable suspicion, all that is required to justify the stop is reasonable suspicion. Without reasonable suspicion for the stop, any evidence seized or arrest made pursuant to the stop is unconstitutional. LICENSE PLATE / TAG When a police officer is behind you in traffic, or even in the close vicinity of your vehicle, it is very possible that they are running your tag. It's kind of like fishing for a police officer: you run enough tags and eventually you are going to get a bite. North Carolina courts have ruled that because license tags are open to public view, a driver has no reasonable expectation of privacy in his tag, and thus a police officer may run your tag without reason. When the officer runs your tag, he enters it into the computer in his vehicle, which determines whether the license plate is current, matches the vehicle, and provides information concerning vehicle inspection. If anything is wrong with the vehicle, the officer is justified in conducting a traffic stop to further investigate. Based on the investigation, the officer may issue a citation or develop probable cause for an arrest. DRIVERS LICENSE Running a license tag will also give an officer information on the registered owner of the vehicle. The officer is made aware of the license status of the registered owner and whether that person has any outstanding warrants. By comparing the description of the registered owner provided by DMV to the description of the person driving the vehicle, the officer is justified in making a traffic stop. Upon investigation, if the driver is determined to be the registered owner with a defective license or warrant, the officer may issue a citation or make an arrest. TRAFFIC VIOLATION If an officer gets behind you and is looking for a reason to initiate a traffic stop, he will probably follow you for a while to see if you violate a traffic law. The officer is usually waiting for you to commit a common traffic violation such as changing lanes without signaling (if you aren't clear to do so), speeding (usually more than 5mph above the posted speed limit), or failing to come to a complete stop at a stop sign. According to the United States Supreme Court, even if the officer wants to make a stop based on a pre-textual basis, as long as the officer has reasonable suspicion to make the stop, the stop is valid. In other words, if an officer thinks you are DWI / DUI and the true reason for his stop is to investigate the DWI, as long as he has some reasonable suspicion to make a traffic stop, the stop will be upheld as valid. VEHICLE EQUIPMENT The big items an officer looks for here are window tint, improper display of tags and license plate stickers, and broken headlights or taillights. An officer may also look for such things as excessively loud mufflers or worn tires. If the officer wants to stop you, he will look hard to find a reason and a defect in your vehicle. CONCLUSION To put it simply, if a police officer wants to make a traffic stop on a vehicle, it is usually pretty easy to find a reason. The officer may have to follow you for a while, but the chances are that you won't be able to drive perfect forever. A lot of courts frown upon officers who follow citizens around looking for a reason to stop them. There is something un-American about following citizens around, interfering with their freedom of movement, and waiting for them to commit a traffic violation. The best thing you can do is ensure that your license, license plate, and vehicle are all valid, updated, and in good order before you drive. When an officer gets behind you and appears to be looking for a reason to initiate a traffic stop, do your best to obey all traffic laws and not to speed. You may want to pull over, park, and walk in a business if the officer appears to be obstructing your freedom of movement and making you nervous. Most police officers are good people and are looking out for your best interests. They're still quick to write you a citation and / or arrest you if they believe you've violated the law. Take precautions to protect yourself! Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, and Cabarrus County. The Standardized Field Sobriety Testing (SFST) battery consists of three tests: (1) Horizontal Gaze Nystagmus (HGN), (2) Walk and Turn (WAT), and (3) One Leg Stand (OLS). These tests help the officer to determine impairment and establish probable cause for arrest. HORIZONTAL GAZE NYSTAGMUS (HGN) Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye, which is exaggerated when a person is under the influence of alcohol. During the HGN test, the officer will observe the eyes of a suspect as they follow a stimulus (such as a pen or small flashlight) held 12 to 15 inches in front of them. As the stimulus is moved horizontally, the officer looks for three indicators of impairment in each eye. The officer looks to see if (1) the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset for the jerking is within 45 degrees of center. There are a total of 6 clues the officer is looking for, 3 in each eye. If the officer detects 4 or more clues, research suggests that there is an 88% chance that the suspect has a BAC of at least 0.08. WALK AND TURN (WAT) The Walk and Turn (WAT) test is a divided attention test, which requires a suspect to listen and follow instructions while performing a physical act. People who are impaired have difficulty performing tasks that require dividing their attention between simple mental and physical exercises. The WAT requires a suspect to take 9 steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn around on one foot and take 9 steps back, heel-to-toe, along the same straight line. The WAT has a total of 8 clues the officer is looking for: (1) Can't keep balance while listening to instructions, (2) Starts too soon, (3) Stops walking to steady self / regain balance, (4) Misses heel-to-toe, (5) Steps off the line, (6) Use arms for balance or raises arms over 6 inches, (7) Improper turn (loses balance, stumbles, or turns in a way other than officer demonstrated), and (8) Incorrect number of steps performed. Research suggests that when a suspect demonstrates 2 or more of the 8 clues, there is a 79% probability that the suspect will have a BAC of at least 0.08. ONE LEG STAND (OLS) The One Leg Stand (OLS) is another divided attention test. The OLS requires the suspect to stand with one foot approximately 6 inches off the ground while counting out loud by thousands. The suspect will not be told how long the test lasts and will be required to continue until requested to put his foot down. The officer will time the suspect for a period of 30 seconds. In the OLS, the officer will look for the following 4 clues of impairment: (1) Sways while balancing, (2) Uses arms to balance or raises arms over 6 inches, (3) Hopping, and (4) Putting their foot down before the 30 second period elapses. If the suspect puts their foot down 3 times, they are unable to perform the test. NHTSA research suggests 83% of suspects who display 2 or more clues have a BAC of at least 0.08. Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, and Cabarrus County. |
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