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...
Year: 2016
What happens if you get moving violations on a provisional license or learner’s permit?
First, in North Carolina, there is a three-tier graduated system for obtaining one's full driver's license. The graduation is as follows: Level 1 - Limited Learner's Permit - beginning at age 15, you can obtain a limited learner's permit. You must drive with a...
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...
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...
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. However, there are...
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: Example A: Billy is riding in a car with Joey, who is the driver...
What is a Willful Refusal and Why is North Carolina DMV Taking My License?
If you have been charged with Driving While Impaired in North Carolina or even if a law enforcement officer suspects you of Driving While Impaired (or DWI) you may be required to submit and/or provide either a breath or blood sample for the state to test. Many people...
I received a letter from DMV that says my license is or will be suspended or revoked what do I do?
These dreaded letters come when a number of things might have occurred, here are a few: You have refused to take a chemical breath analysis when charged with a DWI If this is so, YOU MUST request a hearing within 10 days of the post mark on the letter and call a...
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...
Can I Get Removed from the Sex Offender Registry?
Undoubtedly, the Sex Offender Registry is one of the harshest punishments that continues after or beyond prison. The ramifications and long-lasting effects impact not only the individual but also the person's children, family members and makes finding housing or...