Cary Living Magazine

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What is improper equipment, and why do people bring it up in relation to speeding tickets? Brent M., Cary Improper equipment is a nonmoving violation (it carries no DMV or insurance points). Most district attorney’s offices will reduce speeding charges to this offense if the initial speed and the driver’s record meet certain criteria. Usually a person can ask for this reduction if they were traveling less than 20mph over the speed limit and they have a relatively clean driving record. ~ Steven Saad, Criminal Defense

Three months ago, my wife and I decided it would be best if I move to the basement of our house. I did, and now I’m wondering if we can obtain a divorce in North Carolina. Kevin D., Apex

lived apart from each other for a full year, as required by North Carolina law. That being the case, it does not appear that you are entitled to an absolute divorce at this time. ~ Emily Goodman , Family Law

No. According to N.C.G.S § 50-6, “marriages may be dissolved…if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months.” So, your first major barrier is that you and your wife are not actually separated at this time, as you both still reside at the same address, regardless of the fact that you sleep in the basement. Secondly, it appears that even if you and your wife lived at different physical addresses, you have not

With a number of states either legalizing or decriminalizing marijuana, are the courts seeing a shift in the way marijuana laws are being policed? Matt G., Garner North Carolina recently decriminalized the possession of marijuana paraphernalia, but generally there



Steven Saad

Criminal Defense

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has been no change in the way marijuana crimes have been handled. In all honesty, we are seeing a larger number of people being charged with serious marijuana crimes in our area. Most notably, the number of people being charged with DWI based on marijuana impairment is steadily increasing. This is despite recent government studies that conclude marijuana impairment to be considerably less dangerous than a .08 breath alcohol content. L ~ Steven Saad

Emily Goodman Family Law

Cranfill Sumner & Hartzog LLP |

This content has been prepared for general information purposes only. This information is not intended to provide specific legal advice. Legal advice is dependent upon the specific circumstances of each situation. The information provided cannot replace the advice of competent legal counsel by a licensed attorney in your state.

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