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Old 07-16-2007, 02:34 PM   #41 (permalink)
BeastJacobs
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Originally Posted by RoyWilliams
Good i dont want to, but most states, you can still be written up on charges under .08, if you were believed to be to impaired to drive.

However you would have to look up their revised code, and look into all the minor little details. I could be wrong so maybe i should have waited before telling you to do this work.
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North Carolina DWI law, for purposes of the traditional driving while impaired charge, relates to "appreciable impairment" while driving. This count does not depend on a particular blood alcohol level, such as North Carolina’s per se law, which relates to a blood or breath alcohol level of .08% or higher. The prosecutor will attempt to prove the traditional North Carolina DWI charge by demonstrating appreciable impairment through the suspect’s driving pattern, their physical appearance, their performance on field sobriety tests, and the chemical test results.
I don't know if they did field sobriety tests or judged him by physical appearance or his driving. Those pretty much hold all the marbles for him getting written up now.
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Old 07-16-2007, 03:55 PM   #42 (permalink)
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I don't know if they did field sobriety tests or judged him by physical appearance or his driving. Those pretty much hold all the marbles for him getting written up now.
You never go to the breath/blood/urine test unless you have failed those other tests, or simply couldnt do them. So yes he did do those, and i checked out some defense attorneys for OVIs, and he can still be charged or convicted, but it will prob be a differnt charge number like it is in Ohio.
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Old 07-16-2007, 04:24 PM   #43 (permalink)
BeastJacobs
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You never go to the breath/blood/urine test unless you have failed those other tests, or simply couldnt do them. So yes he did do those, and i checked out some defense attorneys for OVIs, and he can still be charged or convicted, but it will prob be a differnt charge number like it is in Ohio.
He'll still get by with a fine, and probably the usual points off your license and maybe a 30 day parole.
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