Legal Question in DUI Law in North Carolina

phone call & blood test

I was stopped for DWI, on the basis of an phone call from another driver. When stopped by the officer, he stated that he stopped me because of the call. I was not charged with any other violations. Also, I asked if I could opt for the blood test in lieu of the breath test and was told no. Can either of these situations be used to my advantage in my defense?


Asked on 2/09/04, 3:45 pm

2 Answers from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: phone call & blood test

DUI/DWI is a misdemeanor with a potential maximum punishment of up to 2 years in the DOC. You say you were stopped on the basis of a phone call but you did not provide enough info re: this call. Did someone report you to the police? You can request a blood test. This may help. Again, not much information to go on. Did you blow or did you refuse to blow? You really should retain an attorney for a DUI/DWI. If you would like to send more info I might be able to further advise you on the merits of the state's case. You can e-mail me at [email protected]

Either way, I wish you good luck.

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Answered on 2/10/04, 11:23 am
Marcus Hill Law Office of Marcus Hill

Re: phone call & blood test

The rules for anoymous tips come from Fla. v J.L., and there is fertile ground for argument in any stop based on that sort of imfo.

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Answered on 2/10/04, 9:22 pm


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