In today's Episode we examine the recent Court of Appeals cases of State v. Kraft and State v. Eldred, both decided in 2018. These decisions are dynamite cases for the defense and every attorney in NC that regularly handles DWI cases should be intimately familiar with these cases. In this episode get an overview of the procedural and substantive value of these two opinions.
Highlights:
- Why it is important in a Motion to Dismiss based on Kraft or Eldred to hammer the standard of review for at the close of the State's evidence
- Examination of the facts in Kraft (focusing on driving) and Eldred (timing of consumption of impairing substance) and how to compare these facts with those of your client
- We look at the high standard that the court sets when it comes to circumstantial evidence of either driving or the timing of alcohol consumption and how to argue the court this high burden
- Learn how to refocus the argument you make during a Motion to Dismiss based on Kraft/Eldred during your final closing argument at the conclusion of a trial
