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Brad Interview Transcript 6

BH – Brant Hart

BS – Brad Smith

BH: Okay Brad well it looks like we are almost running out of time here so the one question I guess I should ask before we let you go is when should I hire an attorney after being charged?

BS: You should hire an attorney after being charged, probably start thinking about the process the day after you are arrested. I think the most important part of an investigation, or representing somebody on a criminal offense is the beginning stages. Primarily in DWI litigation because when you get a DWI in North Carolina at least you lose your license on a thirty day civil revocation. Well your ability to get around North Carolina without a license is very difficult. An attorney that represents people for driving while impaired can get you your license back in what is called a pre-trial limited privilege. The other thing is that your ability to recollect and the ability of your friends to recollect what was going on that evening, how people were behaving. And the other thing is in this day and age when you are representing somebody charged with DWI video is so so important. And your ability to issue a subpoena to preserve video evidence, your ability to issue a subpoena to preserve radio traffic evidence is essential in representing somebody on an offense like this. Again, and I can't say this enough, If you are charged with DWI your ability to gather evidence to keep the police officer honest in court, and when I say that it's not to say that all police officers come into court and lie but what I am saying is that the most honest piece of evidence is always video evidence.

BH: Okay, thank you very much Brad. We are out of time for this segment. Thank you again Brad Smith from Arnold & Smith. You are located at 200 North McDowell Street, and the number there is 704-370-2828. Thank you very much Brad.

BS: Brant, it was a pleasure. Thank you.

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