Woody White Law Firm PLLCWilmington Criminal & Personal Injury Attorney | Federal Defense2024-01-15T16:45:38Zhttps://www.woodywhitelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403811/2020/10/favicon-1-75x75.pngOn Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=513612024-01-12T16:46:03Z2024-01-15T16:45:38ZWhen police can enter your home
In most cases, the police need a warrant to enter your home, although there are certain exceptions. They do not need a warrant if they are chasing a suspect who runs into your home. In those instances, they can follow in pursuit.
Not only that, but they can also enter your home without a warrant if someone in your home needs emergency assistance or could potentially destroy evidence before the police can obtain a warrant for it.
If the police see illegal activity or evidence in plain view, through the doorway or window, they may have a right to enter your home without a warrant in those cases, too. Finally, if you consent to a warrantless search, you give them the consent to enter your home.
Your rights during a warrantless search
Remember that, when the police enter your home without a warrant, you have some rights. When you consent to a search, you have the legal right to declare certain areas off-limits or restrict their access within your home. You can also revoke your consent at any time. However, you should avoid interfering with police activities, as you could face charges as a result.
With more than 61 million people interacting with the police throughout the year, understanding the limitations associated with allowing the police into your home and permitting a search can help protect your rights. Remember that, without a warrant, you do not even have to open the door, though you are free to do so if you choose.]]>On Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=513522023-11-16T19:31:01Z2023-11-16T19:31:01ZFacts and context
Photographs serve as a visual narrative, offering an unbiased depiction of the accident scene. They help establish the facts and context surrounding the incident, enabling a clearer understanding of what transpired. For example, photographs of car crashes can accurately capture details such as road conditions, weather and the placement of vehicles or obstacles, providing a comprehensive view for those assessing the case.
Evidence
Photographs act as a form of evidence preservation, freezing a moment in time. In the chaotic aftermath of an accident, people may overlook or alter important details. Having visual documentation ensures the preservation of evidence, preventing disputes over the accuracy of recollections or the condition of the scene.
Liability
In North Carolina, there are about 276,026 car crashes per year. About 1,650 result in fatalities, and 74,600 result in injuries.
A visual record of the accident scene helps in determining liability. By capturing the position of vehicles, traffic signals and the overall layout of the area, photographs provide a basis for reconstructing the sequence of events leading to the accident. This aids in establishing responsibility and attributing fault accurately.
Injuries and damages
Photographs not only capture the external conditions but also serve as a means to document injuries and damages. Close-up shots of injuries, vehicle damage and property damage can provide a compelling visual account of the impact, reinforcing the extent of the harm a person suffered.
Witness testimonies
Photographs can strengthen witness testimonies. Witnesses may refer to visual cues captured in photographs, enhancing the credibility of their statements. This convergence of visual and testimonial evidence can fortify the overall case presentation.
The inclusion of photographs can significantly enhance the strength of a personal injury case. As an integral component of the investigative process, photographs play a pivotal role in ensuring a thorough and accurate representation of the events leading to a personal injury.]]>On Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=513502023-09-22T22:54:28Z2023-09-22T22:54:28ZSitting in the driver's seat
One common scenario where you can face DUI charges without driving is if police find you sitting in the driver's seat. This applies when the vehicle is stationary with the engine running or if the key is in the ignition. Even if you have no intention of driving, being in control of the vehicle with the engine on can be enough for law enforcement to consider it a DUI offense.
Sleeping it off in your car
If you have a few drinks and decide to "sleep it off" in your car to sober up before driving home, you might think that it is a responsible choice. However, if an officer finds you in your vehicle while under the influence, you could still face a DUI charge due to your potential to drive.
There were more than 443,000 police arrests for DUI in 2021, and not all of them were under similar circumstances. In many cases, law enforcement officers preemptively arrest inebriated individuals before they hit the road.]]>On Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=506362023-07-24T20:22:05Z2023-07-24T20:22:05ZEconomic damages
Economic damages cover the financial devastation a car accident can cause. Some monetary losses you can recover include:
The cost of medical bills for current and future treatments
The income lost due to missed work and loss of earning capacity
The cost of repairing personal property damaged in the accident
The cost of replacement services, such as at-home help or childcare
These are easily calculable. You can prove these losses using medical bills and records, tax returns, pay stubs, receipts and estimates.
Non-economic damages
Non-economic losses represent how your accident and injuries impacted your mental health. For example, you can request compensation for the physical pain and suffering caused by your injuries and the treatment you had to undergo. You may also claim emotional distress, mental anguish, loss of enjoyment in life, anxiety, depression and post-traumatic stress. These are more challenging to prove and quantity.
Wrongful death damages
When a negligent driver causes the death of your loved one, a personal representative of their estate can pursue damages for the family through a wrongful death claim. Expenses they can demand include the cost of a funeral and burial, loss of income and benefits and the loss of companionship.
As the person filing a claim for damages, you will have to provide proof of the other party's negligence and proof that connects any losses you claim to the accident.]]>On Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=506332023-06-14T21:51:50Z2023-05-13T20:06:37Zconduct a search of your vehicle.
What determines if an officer may search your car
If you do not want the law enforcement officer who stops your car to look through it and he or she does not possess a warrant, the search may still move forward if that officer has “probable cause.” This means the officer must have some sort of proof or evidence that shows him or her that something illegal has occurred. For example, if an officer smells an illegal substance coming from your car during the stop, this may meet the “probable cause” threshold.
What to do if the officer lacks probable cause
Without a warrant, probable cause or your permission, a law enforcement officer may not conduct a vehicle search. If this scenario presents itself, ask the officer who stopped you if you are free to go after politely stating that you do not consent to the search.
If the officer searches your vehicle without your permission, a warrant or something that constitutes probable cause, anything he or she finds during that search may not hold up in court.]]>On Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=506312023-03-26T01:47:46Z2023-03-26T01:47:46Z37.3 million falls happen globally each year that require medical attention. If you find yourself part of that number and sustained injuries on someone else’s property, you may have questions regarding premise liability.
1. What responsibilities does a property owner have?
Unlike some states with unconditional liability, slips and falls fall under North Carolina’s rules of negligence. Property owners have a legal obligation to take reasonable care of their property to ensure no dangerous conditions exist. As a victim, you have to prove the presence of the dangerous hazard that caused your fall. Additionally, you must show that the owner knew about the condition and did not take steps to resolve it.
2. What if I contributed to my slip and fall?
For personal injury cases, the state has a strict contributory negligence rule. If your conduct, such as looking at your phone while walking, contributed to the incident, you receive no compensation. If you file a claim, the owner will likely try to prove your negligence. Along with the distraction argument, they may provide proof of ignored hazard signs or trespassing.
3. How long do I have to file a claim?
After any personal injury occurs, you should take action as soon as possible to increase your chances of success. Legally, you have three years to file with the state.
In North Carolina, slip-and-fall cases often come with challenges and complexity, but you do not have to go it alone.]]>On Behalf of Woody White Law Firm PLLChttps://www.woodywhitelaw.com/?p=504512023-01-19T16:50:41Z2023-01-19T16:50:41ZBe a supportive ally
Many parents might feel the compulsion to berate or discipline their children for criminal activity. It is possible, however, that the shock of the arrest makes it clear to your child that the consequences of their actions are very real. Rather than being an antagonistic force, your child likely needs you to be an ally that will support them and help them find a competent legal defense.
Facilitate recovery
A criminal charge can seriously affect a young adult's mental health, especially if they believe that their actions are the cause of harm to another person or themselves. You can help your child both during and after the defense process by facilitating a healthy recovery process. For example, you can enable your child to attend a DUI alcohol treatment program, regardless of whether or not the court mandates the program.
The implications of a DUI arrest can be life-changing for your child, but that does not mean you have to watch as they confront the issue alone. You can be an ally, advocate and source of constant emotional support throughout the process.]]>On Behalf of Woody White Law PLLChttps://www.woodywhitelaw.com/?p=501542022-11-30T20:29:40Z2022-11-30T20:29:40ZWas the equipment properly maintained?
A breath test is only accurate when the officer uses well-maintained equipment. Maintenance logs detail the service schedule to support each machine’s accuracy. If evidence shows that the device was not calibrated and maintained, you may beat the charges.
Did the officer receive training?
Some inaccurate readings occur due to improper testing administration. When an officer is not trained to use the device properly, it often results in incorrect results. Your lawyer can help you investigate the officer’s training and history.
Was the testing delayed?
If your traffic stop took a prolonged period, the testing result you receive could reflect additional alcohol absorption. In those cases, if your reading was close to the legal limit, you might argue that you were under the limit until the delay of the traffic stop allowed for additional absorption and increased blood alcohol content.
The fines associated with a DUI conviction are significant, as are the long-term consequences. Fight the charges whenever possible to reduce the risk of a criminal record. The more information you have from the start, the easier it is to defend yourself in court.]]>On Behalf of Woody White Law PLLChttps://www.woodywhitelaw.com/?p=501522022-11-21T16:57:05Z2022-11-21T16:57:05Zlevel of consciousness.
The GCS is a reliable way for staff to determine the severity of a TBI. Additionally, the scale may help them prepare a treatment plan or prepare for various outcomes. The GCS measures a person's response to different stimuli.
Eye-opening ability
Doctors will give a patient's eye-opening ability scores between one and four. If your loved one cannot open his or her eyes in response to stimuli, he or she receives a score of one. To receive a score of two, he or she must respond to pressure. For those who open their eyes only in response to sound, they receive a three, whereas spontaneous eye opening receives a four.
Motor responses
Motor response is an excellent determinant of the severity of a person's TBI. The GCS scores between one and six. At a six, your loved one can obey commands. Five refers to localizing, four is normal flexion and three is abnormal flexion. Lastly, a two means extension and a one is no response.
Verbal responses
You may notice a distinct difference in how your loved one can communicate with you following a TBI. Patients who are orientated receive a score of five, whereas confused patients may receive a four. As the score decreases, so does the patient's ability to be coherent. At a level three, your loved one may say words but not coherently and at a level two, he or she makes sounds but cannot form words. At a level one, the patient has no verbal response.
When it comes to the GCS, the more severe the injury, the lower the score.]]>On Behalf of Woody White Law PLLChttps://www.woodywhitelaw.com/?p=501422022-11-04T21:04:50Z2022-11-04T21:04:50ZAvoiding a DUI checkpoint
LifeSafer discusses avoiding a DUI checkpoint, otherwise called traffic stops. Police will set up these stops usually in high-traffic areas, areas with a history of DUI drivers, or places with fast traffic like the highway.
In many states, police must provide drivers with an alternative route. In most, police also need to give them a warning in advance that the DUI checkpoint is up ahead.
Likewise, drivers have the legal right to avoid a DUI checkpoint whether or not police provide them with an alternative route. They can simply find their own.
Making sure to abide by the law
The important part is in how the driver takes that alternative route. Drivers must abide by the rules of the road regardless of whether or not they are trying to avoid a DUI checkpoint. This means they cannot drive over double-painted lines, drive in a reckless or aggressive way, make illegal turns or U-turns, speed, or more.
Officers have the right to pull someone over if they break a law while trying to avoid a DUI stop, and they may decide to test a person for potential intoxication in such a case. This renders any attempt to avoid the checkpoint useless, so drivers should always take care with their avoidance.]]>