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

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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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...

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...

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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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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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...

22 January

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The Unpaid Traffic Ticket & Driving While License Revoked

Posted by Chris Proffitt

in Traffic Violations

Many individuals in this state and others face a misdemeanor offense of Driving While License Revoked (DWLR). Many client’s do not understand why they received this charge when they were stopped for a routine traffic violation or at a driver’s license check point. “Why is my driver’s license suspended?” is a question we are often asked after a client has received a DWLR. It is a very good question. North Carolina may suspend your driving license for numerous reasons but the most common are because of unpaid or unresolved traffic citations/tickets and failure to appear on a court date. Many lawyers...

22 January

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Field Sobriety Tests – Driving While Impaired

Posted by Chris Proffitt

in DWI/DUI

One of the first things we talk about in consultations with new clients is whether they were given field sobriety tests before the law enforcement officer charged them with Driving While Impaired. What is a Field Sobriety Test and what makes one Standardized? These are very good questions. Just today I interviewed an officer who had not received standardized field sobriety test training and was administering tests that have never been scientifically validated. The true difference between a field sobriety test and a standardized test is that the standardized test has been scientifically validated. Standardized Field Sobriety Tests include: Nystagmus testing – both...

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