30 December

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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...

06 May

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What happens if you get moving violations on a provisional license or learner’s permit?

Posted by Chris Proffitt

in Traffic Violations

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 supervisor that is a licensed driver for 12 months without having any violations for six months preceding the possibility of moving to the next level. Level 2 – Limited Provisional License – after driving without any moving violations for six (6) months, the driver is eligible to obtain a limited provisional license. After driving (without a...

06 May

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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

Posted by Chris Proffitt

in Drug Charges

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 and Tommy who is another passenger. Unbeknownst to Billy, Tommy or Joey have a large bag of marijuana in the center console of the vehicle. Joey is stopped for speeding. The law enforcement officer comes up to the window and after talking with Joey says he smells marijuana and asks to search Joey...

06 May

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

Posted by Chris Proffitt

in criminal defense

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 many reasons that someone who has initially been charged with a felony may be in district court. The defendant or the person charged may need to be arraigned (a judge tells you what you have been charged with and the possible sentence range); Bond hearing on certain lower level felonies; Misdemeanors have also been...

06 May

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Probable Cause Hearings and Grand Jury Indictment

Posted by Chris Proffitt

in criminal defense

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. The probable cause hearing is a great time for a criminal defense lawyer to vigorously cross-examine the state’s witnesses and potentially end the case....

06 May

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

Posted by Chris Proffitt

in Traffic Violations

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. A North Carolina Court of Appeals case set out what the punishment as follows: “A party who aids and abets another in driving while impaired is guilty...

29 February

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I received a letter from DMV that says my license is or will be suspended or revoked what do I do?

Posted by Chris Proffitt

in Traffic Violations

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 lawyer immediately. You have failed to pay a traffic ticket – maybe you went to court and even pled guilty or responsible to a certain traffic offense but forgot to pay it? Pay it and get your license reinstated by the date on the letter to avoid revocation or suspension. You did...

29 February

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Can I Get Removed from the Sex Offender Registry?

Posted by Chris Proffitt

in criminal defense

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 obtaining employment very difficult. But, there is relief and something you can do to get yourself off the Registry. In North Carolina, one becomes eligible for removal after 10 years of being on the Sex Offender Registry, or SOR. However, there are exceptions to this rule. While some people become eligible between the 10-15 year mark, others do not qualify. The Federal Government...

29 February

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Don’t Settle Without A Lawyer

Posted by Chris Proffitt

in Civil Litigation

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...

29 February

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What is a Willful Refusal and Why is North Carolina DMV Taking My License?

Posted by Chris Proffitt

in Traffic Violations

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 say, “that’s not fair” or “this is wrong” and there is some merit to those statements and those reactions. But the way the system is created in this State, is that there is a separation between your criminal charges and the civil action that the DMV can commence against you by taking your...

Author: Chris Proffitt