Nielsen Legal

Asheville, North Carolina Legal Blog

Underage? Repeat offender? Specific factors may impact DUI charge

Many facets can go into a charge for driving under the influence. Your age, criminal record, actions during the arrest and numerous other factors could impact the type of allegations with which police could potentially charge you. Because of the uncertainty that comes along with a DUI stop, you may wonder about the severity of your particular case.

Even if you do not feel impaired, you could still face criminal charges for DUI. Officers may base their decisions on a variety of aspects, and you may need to gain information on what led to the charges in order to better know how to defend against them. Additionally, you may also want to learn more about North Carolina state laws regarding DUI.

Was your speeding ticket based on a radar gun? Challenge it

As you drove down the road, you may have seen the patrol car too late. You looked down at your speedometer and realized that you may have been driving over the speed limit. The radar gun was prominently poking out of the window of the patrol car, and you suspected that flashing lights and a speeding ticket were in your future.

A speeding ticket may not seem like a big deal. You just pay the fine and go about your business, right? It may not be that simple if you already have points on your license or if your employer frowns upon traffic violations, especially if you drive for a living. Then there is the chance that your insurance rates could rise as well. Can you challenge the radar gun's results? Yes, and it could be in your best interests to do so.

Drug crimes involving cocaine are felony offenses

Drug charges of all kinds carry pretty significant penalties in North Carolina if a conviction ultimately occurs. Cocaine-related drug crimes are considered particularly serious. It does not matter if you face charges of simple possession, trafficking or anything in between, all cocaine-related charges are felony offenses.

This week's column will give a brief rundown of state cocaine laws and will provide information about what you can do to help yourself if you face charges for a cocaine-related crime.

New laws for cells behind the wheel

People are slowly catching on about the risks they are taking when they text and drive. Hardly a week goes by that the news does not report a tragic story of a young mother killed by a driver texting, a child in a crosswalk run over by a distracted driver or a teen posting to Facebook seconds before a fatal crash.

California has seen its share of tragic accidents, yet its distracted driving rule had a serious flaw. The regulation specifically forbade the use of hand-held phones for talking and texting. In other words, you could still hold your phone and scroll through your playlist, post on social media or take a video without technically breaking the law.

Probable Cause Hearings and Grand Jury Indictment

North Carolina laws provide three ways by which a case can be prosecuted in Superior Court, which is where all felonies must be tried. The prosecutor may request that a judge find probable cause that the person committed a crime after a hearing in open court. This is called a probable cause hearing. If the District Court judge finds probable cause exists, the District Court judge can bind the person over for a trial in Superior Court.

I've been charged with a Felony, but I have not been Indicted, why?

Often, individuals are charged with felonies and their court dates are set for district court. As many people may know, felonies are typically dealt with in Superior Court and cannot be handled or disposed of through plea or trial in district court.

I've been charged Possession, but I did not have anything on me, how can they charge me? - Actual VS. Constructive Possession of Illegal Controlled Substances

They say that possession is 9/10ths of the law, and in some ways this is very true in criminal proceedings. But there are some good arguments and defenses. Let's run through a couple possible scenarios:

Aid and Abet Driving while Impaired, and Aid and Abet Driving while License Revoked

Often law enforcement will charge someone with Aid and Abet of DWI even when they were not driving or sometimes not even in the car with the driver, or the car's owner. This means that the person who is driving or operating the car is charged with Driving While Impaired and the owner of the car, the person who gave the driver the keys, or knowingly helped the driver get behind the wheel is charged.

Don't Settle Without A Lawyer

In most every single case at least contacting an attorney to see if there is something more that can be done is very useful and informative. Unlike doctors, many attorneys offer free consultations regarding very important cases such as criminal charges, traffic tickets, personal injury, products liability and even in some instances estate planning, family law or divorce cases. It is very beneficial for someone who has a legal issue to talk with an attorney, even if the consultation costs a little money because the benefit far outweighs the costs. What you will get out of a consultation? Hopefully you will get answers. Answers that you cannot find by googling or searches in web browsers or by talking to your friends.

  • 10 Best |2016 | Client Satisfaction | American Institute Of Family Law Attorneys
  • 10 Best |2016-2017 | 2 Years | Client Satisfaction | American Institute Of Family Law Attorneys
  • National College For DUI Defense
  • North Carolina | Advocates For Justice | Protecting People's Right
  • 10 Best |2017 | Client Satisfaction | American Institute Of Family Law Attorneys
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Waynesville Office
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Waynesville, NC 28786

Phone: 828-564-1321
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Asheville Office
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Asheville, NC 28801

Phone: 828-564-1321
Fax: 828-229-7255
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