Shut up a. Alcohol is released from the breath. The more you talk, the stronger the smell b. Control the factors you can: Breath & Speech Don’t move a. Field Sobriety Test: should you refuse? Probably i. Always refuse HGN: subjective, partially inadmissible=unreliable, ii. 1 Leg Stand: hold one leg up for approx. 30 seconds, hands at sides iii. Walk & Turn: very difficult, even without alcohol in system iv. Alco-Sensor: portable breath test on the roadside, number not admissible Delay a. Alcohol dissipates from your system at approx. [...]

A schedule 2 drug is one that the State of N.C. believes has a high potential for abuse; currently accepted medical use in the United States, or currently accepted medical use with severe restrictions; and the abuse of the substance may lead to severe psychic or physical dependence. The most common form of Schedule 1 drugs is Heroin. Possession of Sch. 1 drugs are punished as an I felony.  Sale of Sch. 1 is punished as a Class G felony. If you are charged with possession or sale of Schedule 1 [...]

A felony is any crime punishable by more than a year incarceration or more than a $1000 fine.  If you find yourself charged with such a crime, your life could be changed forever.  Beyond the jail time or high fine, a felony conviction can restrict you from many of the rights enjoyed by non-felons such as owning firearms and voting. If you find yourself charged with a felony, how do you pick an attorney to represent you?  First, be sure to pick an attorney who focuses on criminal defense.  There [...]

A Domestic Violence Protective Order (DVPO) or 50-B Order is a civil order preventing a current or former member of a domestic or co-habitant relationship from contacting the other party.  The basis for issuing such an order is that one of the party’s poses a serious threat to the other party and requires such an order to prevent imminent death or serious bodily injury. The process begins when the complaining party goes to the local magistrate or clerk of court and fills out an application for an Ex Parte - [...]

North Carolina General Statute 14-33(c)(2), Assault On A Female is defined as an assault by a male, over the age of 18 years of age and commits an unwanted touching on a female. This crime can ONLY be committed by a male against a female. This crime is punished as a Class A1 Misdemeanor, the highest level of Misdemeanor (punishable by up to 150 days incarceration). If a female assaults a male under the same circumstances, she will be charged with Simple Assault. This crime is punished as a Class [...]

A N.C. man was recently charged with hitting his girlfriend in the head with a television.  Among others, he was charged with Assault With A Deadly Weapon Inflicting Serious Injury.  What about Battery? Can a television be a deadly weapon? First, a deadly weapon does not have to be an object that is inherently dangerous like a gun or knife. A deadly weapon can be any object that is used or has has the potential to cause serious injury. Second, North Carolina does not have a Battery statute. The North [...]

I was arrested for Resisting a Public Officer….. What does that mean? N.C.G.S. § 14-223 Resist, Delay, or Obstructing (ROD) an Officer in the performance of their duties is a Misdemeanor charge that police officers use whenever they are hindered in doing their job.  It is a very general charge that can cover a wide range of behavior.  Anything from lying to an officer about your name to physically resisting arrest can be charged under this statute. A common place to receive a charge like this is in downtown Wilmington [...]

Underage consumption of alcohol or underage possession of alcohol can be charged to any person who is under the age of 21 and has alcohol in their system. This charge commonly occurs when underage people drink before they go out to the bars.  There are many bars in Wilmington which allow people under the age of 21 into the bar.  A common practice is to “pre-game” at home by drinking before going to the bars. Once they get to the bar and present their identification, if they appear intoxicated, many [...]

I Just Got Stopped for DWI, Should I Blow at the Police Station? One of the most common questions I receive as a defense attorney is “Should I blow if I get stopped for DWI.”  As with most questions I receive, the usual answer is “that depends.” If you decide not to blow, consider the ramifications.  If you are suspected of DWI, the officer has the right to ask you to take a test of your breath or blood.  You as a driver have a right to refuse the test.  [...]

David Gross Has Been Nominated and Accepted as a 2018 AIOCLA’S 10 Best in North Carolina For Client Satisfaction The American Institute of Criminal Law Attorneys has recognized the exceptional performance of North Carolina’s Criminal Law Attorney David Gross as 2018 10 Best Criminal Law Attorneys for Client Satisfaction. The American Institute of Criminal Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Criminal Law attorneys in each state. Attorneys who are selected to the "10 Best" list must pass AIOCLA's rigorous [...]