10 October

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What could occur if I refuse to submit to a breath test?

North Carolina’s statutes require motorists to submit to a breath test when pulled over by law enforcement officials. If stopped for an alcohol-related offense, refusing a breath test could result in a loss of driving privileges. North Carolina’s Department of Public Safety website notes that by not complying with an officer’s breath test request, you may find your driver’s license revoked for 30 days. Even if the court determines you did not drive while impaired, refusing a breath test could leave you without a license for up to one year. When may I ask the judge to restore my driving privileges? Motorists facing...

05 October

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How can I stop somebody from driving drunk?

Posted by Chris Proffitt

in blog, car accidents

Everybody makes poor decisions at points, and it is very likely they will make poor decisions while drunk. One of the worst decisions a person can make is to get behind the wheel while intoxicated. Not only can this have severe legal repercussions, but it may also end up killing an innocent person. If you have a friend or family member who is reaching for the keys while intoxicated, it is vital that you take action. However, you must have a plan. According to MADD, if you wish to stop somebody from driving while drunk, you must be non-confrontational and willing...

23 September

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Tips for driving again after your car accident

Posted by Chris Proffitt

in car accidents

Experiencing a car accident in North Carolina can leave you feeling wary of driving again. You might feel distrustful of other people and paranoid about their actions. Regaining confidence will take time and persistence. Knowing some strategies for overcoming this type of anxiety can help you identify your next steps. Take gradual steps Once you decide to attempt driving again you will not simply feel ready to take a road trip. You will need to gradually work your way back into the driver’s seat. Some options to consider include the following: Ask someone else to drive and you take the passenger seat Take short, stress-free...

16 September

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What are the five levels of misdemeanor DWI in NC?

Posted by Chris Proffitt

in criminal defense, Criminal Law

If a law enforcement officer stops you for drinking and driving in North Carolina, the state may charge you with one of five levels of a misdemeanor DWI. The levels are increasingly severe and have corresponding punishments. It is important that you understand the various levels of DWI charges so you can anticipate not only what to expect but also, how to defend yourself. The North Carolina Department of Public Safety explains the five levels of DWI charges you may receive in the Tar Heel State. Level V A level V DWI is the least severe type of DWI charge you may receive...

26 August

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Which factors improve the chances of recovery for TBI victims?

Posted by Chris Proffitt

in personal injury

If you sustain a traumatic brain injury, you might deal with the repercussions for the remainder of your life. Making a full recovery will depend largely on the severity of your injury and the accessibility of treatment. Knowing some of the ways you can improve your chances of an optimal recovery may help you identify your next steps. With adequate support, you can still live a good life despite your injury. Rehabilitation and physical activity TBIs vary in severity depending on the location of the injury, the duration of time that passes before receiving emergency medical treatment, age and the presence of existing...

12 August

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What is a personal recognizance bond?

Posted by Chris Proffitt

in criminal defense

If you find yourself under arrest, you will go before a judge shortly after. This first appearance in court will allow the judge to determine bond. Bond allows you to get out of custody while your charges are pending. There are a variety of options available to the court, including not granting bond at all. But one potential result is the judge granting you a personal recognizance bond. Definition According to Findlaw, a personal recognizance release means the judge is taking your word that you will return to court and follow any other restrictions he or she places on you. Difference This type of bond...

08 August

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How to deal with insurance after a car accident

Posted by Chris Proffitt

in blog, car accidents

Insurance companies do not want to pay out for car accidents. The truth is, they want to pay you as little as possible after experiencing a motor vehicle crash, even though you might think they work for you. Insurance is still a business; they do not make money by paying out your insurance claims. North Carolina law requires drivers to carry proof of financial responsibility. If the other driver is at fault, your insurance provider will try to receive payments from the driver’s insurance. No matter what happens, an insurance company will attempt to contact you. See below for some tips...

28 July

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Are you eligible for drug court in Buncombe County?

Posted by Chris Proffitt

in Drug Charges

A North Carolina drug charge has the potential to lead to steep fines and jail or prison time, among other repercussions, and such charges often result from a substance dependency. If you are facing a drug-related criminal charge for an offense you feel you would not have committed, had it not been for your dependency, you may want to look into whether drug court might be an option for you. Per Buncombe County, you may be eligible for drug court in Buncombe County if you receive a referral and meet certain qualifications. Qualifying for drug court in Buncombe County To be eligible for...

15 July

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How can a brain injury create memory problems?

Posted by Chris Proffitt

in personal injury

Some people manifest physical symptoms after sustaining a brain injury. They can suffer vomiting, loss of balance or seizures or convulsions. However, your experience with a head injury may be different. You do not have physical issues, but you do suffer problems with your memory. Movies and television often depict amnesia as losing almost all memory of the past. As MSKTC explains, in real life a traumatic brain injury usually affects the ability to form new memories. Failure to remember current details Your long-term memory consists of what you have learned or done over the course of your life. By contrast, your short-term...

24 June

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Handling DWI charges as a commercial motor vehicle driver

Posted by Chris Proffitt

in DWI/DUI

If you drive a large truck or another type of commercial motor vehicle (CMV), it is important to understand the drunk driving laws in this state. North Carolina has a zero-tolerance policy for those who operate commercial motor vehicles, which means that commercial drivers can face serious charges even if they have a very small amount of alcohol in their system. Additionally, you should understand how these allegations could disrupt your career and other aspects of your life. Commercial motor vehicle drivers and DWIs The North Carolina Department of Public Safety states that there is zero tolerance with respect to drunk driving for...

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