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Questions Answered by Timothy Dugan
1 Answer | Asked in DUI / DWI for North Carolina on
Q: Is the NHTSA standard field sobriety test mandatory on a DUI stop in NC ?
Timothy Dugan
Timothy Dugan answered on Dec 2, 2015

The simple answer is no. A driver may refuse to partake in any testing, including a breathalyzer. However, with breathalyzers specifically, the refusal to provide a sample is a crime by itself. The law governing refusals only speaks to breathalyzers, and thus I do not believe SFST's are... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: How can I get a ticket for driving after consuming when I was pulled over and blew a .000 and was not arrested

No blood work was taken all that he did was write me a ticket and let me go and said that it "looked" like i had been consuming

Timothy Dugan
Timothy Dugan answered on Dec 2, 2015

It depends on the actual charge. The Impaired Driving statute in North Carolina has three different approaches for a law enforcement officer to charge you. One method requires a BAC or blood alcohol concentration of .08; and another requires proof of any schedule 1 substance via a blood test. The... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: A friend got a dui, and on her papers one say's court time 9 am, the other1pm, spelled name wrong,vehicle wrong! case?
Timothy Dugan
Timothy Dugan answered on Nov 23, 2015

NC Gen stat 15A-922(f) provides that a police officer may amend a citation at any point up until final judgment, so long as he does not change the nature of the offense. Whether there are fatal errors on your friend's citations are impossible to answer without seeing the documents first hand.... Read more »

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