Statesville North Carolina Criminal Defense Blog

What might cause a breath test to be inaccurate?

On behalf of The Law Office of Michael D. Cleaves, PLLC on Sunday, April 14, 2019.

Being arrested for drunk driving is scary. You do not want to lose your license, have a criminal record or spend time in jail. If you failed a breath test, you may think you have no options, and you will be found guilty of DWI. Do not give up so quickly.

The breath test may have been conducted improperly, or the results were inaccurate because of another substance. You may be innocent, and an experienced criminal defense attorney might be able to uncover the truth. Here are some reasons the breath test may have failed.

Defenses exist when speeding violations are alleged

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in traffic violations on Tuesday, April 2, 2019.

Any North Carolina driver who has gotten a speeding ticket or other moving violation knows that it can be a costly hassle to deal with. Speeding and other traffic violations are recorded on drivers' records and can lead to the accumulation of points on their licenses. When drivers have too many points on their licenses, their privileges may be revoked or suspended.

Not everyone may know, though, that there are ways that drivers can challenge the speeding accusations that have been made against them. While not all defenses will apply in all situations, individuals may be able to put together sound arguments to refute the claims that have been made by law enforcement officials and defeat the speeding tickets that they have been issued.

Speeding is a serious issue for North Carolina drivers

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in traffic violations on Tuesday, March 19, 2019.

Driving is a necessity for most North Carolina residents. Many people rely on their personal vehicles to get them to work and to help shuttle their children from school to activities and back to their homes. Without a car, a person may struggle to get their groceries home, to make it to meetings or enjoy road trips to visit the people that they love.

However, driving in the state is considered a privilege, and the ability to drive can be suspended or revoked if a person violates the traffic laws of the state. One of the most commonly broken laws that applies to driving is speeding, which involves operating one's motor vehicle at a speed that is greater than that posted for the particular road or highway that the vehicle is on.

What is the legal status of marijuana in North Carolina?

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in drug offenses on Tuesday, March 5, 2019.

The last few years have brought about a lot of changes with regard to how certain drugs and alleged drug crimes are viewed under the law. In some states, the possession of marijuana at certain amounts has been decriminalized, though under federal law, marijuana is still recognized as an illegal substance and its possession may subject a person to criminal penalties. The concept of medical marijuana has also been hotly debated and stands in different legal states throughout the nation.

For example, in North Carolina only, cannabidiol, also known as CBD, is permitted for medical use, and it is only allowed to be prescribed for certain seizure disorders. Other forms of marijuana are not legal in the state and therefore marijuana should still looked upon as an illegal substance in Statesville.

Building a strong case with a defense strategy

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in criminal defense on Tuesday, February 19, 2019.

There are two sides to every story, and this fact is particularly important when it comes to the defense of criminal charges. In North Carolina, certain alleged crimes can result in serious penalties being imposed on individuals who may be incarcerated and forced to give up certain rights if they are convicted. When a criminal matter goes to trial, it can be assumed that the prosecutor has spent time and energy preparing the best possible case against the defendant. Without legal support, that defendant may face an uphill battle to protect themselves and tell their story.

Individuals who are charged with crimes may present their own sides of the facts when their legal matters to go trial. They must follow the rules of the courts and they must abide by the laws that govern criminal procedure in North Carolina; understanding these rules and regulations can be complicated and confusing for non-legal professionals.

Juvenile arrested for alleged drug crimes

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in drug offenses on Tuesday, February 5, 2019.

Most 17-year-old North Carolina kids are concerned about what their friends are doing, their grades and if they will get into college. Few are prepared to deal with the serious and life-altering consequences that accompany arrests based on alleged criminal conduct. However, North Carolina officials recently arrested a 17 years old for his alleged involvement in a host of drug offenses.

Based on reports, the teen was arrested in Ayden and was allegedly found to be in possession of firearms as well as illegal substances. His criminal charges include, but are not limited to, possession of heroin and marijuana, intent to sell marijuana, possession of drug paraphernalia and maintaining a home or car for controlled substances.

Traffic statistics show deadly effects of speed, alcohol

On behalf of The Law Office of Michael D. Cleaves, PLLC on Thursday, January 31, 2019.

Drive on North Carolina roads long enough and you'll likely come across the scene of an accident. You might wonder what caused the accident and if someone died.

The answers are often that excessive speed or drunk driving caused the accident, and unfortunately many of those accidents result in deaths.

When your license is in danger

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in traffic violations on Friday, January 18, 2019.

Being ticketed or arrested for an alleged traffic violation can expose a person to many things. This can include the possibility of losing one’s driver’s license. There are a range of things that could lead to a license being revoked. Today, we’ll go over some of the common types of traffic-violation-related driver’s license revocations here in North Carolina.

Defenses to charges of assault and battery

On behalf of The Law Office of Michael D. Cleaves, PLLC posted in criminal defense on Thursday, January 17, 2019.

Fights can result in injuries, bruised emotions and damaged property. North Carolina residents should also recognize that altercations can result in criminal charges if alleged victims file charges against their alleged attackers. The crimes of assault and battery carry with them serious legal consequences that can deprive individuals of their rights and freedoms if they are convicted of their charges.

However, it is sometimes possible for individuals to avoid criminal punishment if they are able to assert strong criminal defense strategies to combat their pending charges. When it comes to assault and battery, several defenses may provide individuals with explanations for their actions that overcome the assertions of their alleged accusers that their conduct was criminal.

What should I do after getting a speeding ticket?

On behalf of The Law Office of Michael D. Cleaves, PLLC on Monday, January 7, 2019.

A speeding ticket might seem like small potatoes, but it can have a big financial impact. In addition to the fine you may have to pay, your insurance premium could increase by 30-80 percent, depending on your situation. Excessive speeding could also result in your driver’s license being revoked.

Although many speeding tickets come with the option to have the court appearance waived, it is not always in your best interest to do so. By immediately paying the ticket and waiving your right to appear in court, you are also admitting guilt, so it is important to first consider if you may be able to fight the ticket.