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Traffic & DWI
Traffic Tickets
I can handle your
traffic tickets received in Wake County. I can appear on your
minor infraction such as failing to stop at a red light or most
speeding tickets for $75, and you won't need to come to court. I
can help protect your insurance rates. If you mail in your ticket
with the payment, you are pleading guilty, and your insurance will
definitely go up. The minimum increase in insurance premium would
be a 25% each year for three years. If I handle your ticket, you
will only pay $110 costs of court and $75 for my fee, and possibly save
hundreds of dollars. Plus you won't need to appear. You
should know that a speeding ticket for at least 15 mph over the speed
limit would cause a license revocation if not negotiated down. If
you are curious about exactly how your ticket would affect your
insurance- call me for a free consultation.
If you have a speeding ticket, then I can get the speed reduced. If you
already have a speeding ticket in the past three years, I may ask for a
"PJC". If you got your ticket as a result of an accident, for
example for going through a red light, then I can get a letter from
your insurance company that shows that the damages have been paid, and
you will not need to pay the ticket. If you got a ticket for not
having a drivers license, I can ask that the ticket be dismissed if you
get your license before the court date.
If you made the mistake of not hiring an attorney on a prior ticket,
and your insurance has now gone up, I may still be able to help
you. We can file a motion to reopen the case and ask for a
reduction, and then your insurance rates should go down again.
DWLR
Driving While
License Revoked is a very serious charge in North Carolina. In
the past it carried a sentence of one year in prison. Today you
can still receive 4 months of jail if you have a bad record. But
often there are many things we can do to help the situation. This
charge is probably one of the traffic charges where it is most
important to hire an attorney, or at least consult with one. This
is because the rules are very complicated and nobody within the system
can give you much advice about how to start making the situation
better. Some people have a simple case- they are revoked because
they never paid an old traffic ticket. All they need to do is pay
the old ticket and they can get their license back. But that will
not be sufficient to dismiss the charge. Further, a guilty
verdict on any type of moving violation committed while revoked will
cause a new revocation. The third time this happens the
revocation will be permanent. Some cases are more complicated
because people have tried to take care of the matter without an
attorney, and have already caused new revocations. In these cases
we need to re-open those old cases and try to resolve the cases as they
would have been if they were represented.
DWI
I can handle your
charge of DWI. I will order reports of the officers notes, the
notes of the chemical analyst that performed the breath test, I will
interview the officer, and develop a trial strategy. Many times
it is possible to fight the charge on legal grounds. For example,
perhaps the police officer did not have sufficient cause to stop you in
the first place, or he did not gather enough evidence before arresting
you.
Getting a Driver's License
Sometimes there are problems getting a license in
the first place. Perhaps you are having difficulty satisfying the
new ID requirements, or maybe you have a ticket you haven't taken care
of, or maybe you have dropped out of high school. I can help you
resolve these problems and get you on track to getting a drivers
license. One important thing to understand is that you cannot get
a valid ID or driver's license anywhere else besides the Division of
Motor Vehicles. If a store sold you an ID, you should never try
to present it to a police officer, no matter how much you paid, and no
matter how much ID you needed to show in order to get it. It is
not valid, and it can get you arrested if you try to use it.
FAQs
DWLR
1. Q.Can I get a limited driving
privilege if my license is revoked?
A. Probably not. Limited Driving Privileges are only available to
those that are revoked for a first offense of driving while impaired or
for speeding. Most revocations are a result of failing to take
care of a prior traffic ticket, or for being found guilty of a driving
offense while revoked. For these types of revocations there are
no Limited Driving Privilege available. However, it may be
possible to take care of the outstanding charges, or re-open old
charges, or ask for a special hearing with the Department of Motor
Vehicles to get your license back.
2. Q. If I pay all my old
tickets, will I be able to get my license back?
A. Probably not. Often paying old tickets causes more
problems than it solves. If any of those tickets were received
while you were revoked for even older tickets, than you will cause new
revocations that may last a long time. It is important to ask an
attorney what will happen if you pay old tickets.
3. Q. If I never had a
license, how can I be charged with "Driving While License Revoked"?
A. Not getting a license is not a way of avoiding a revocation of
your driving privilege. Driving While Revoked is a much more
serious crime than driving without a license. A person who has
never had a license that drives can be charged with No Operators
License, which carries points and fine, but no jail time or license
revocation. However if someone without a license gets a ticket,
and they do not take care of it, they will become revoked, and if they
drive while they are revoked they can go to jail and be subject to
further revocation.
4. Q. If I was revoked for
DWI more than a year ago, why is my license still revoked?
A. Many people fail to complete the required alcohol treatment
before 12 months after their conviction. When this happens the
license will remain revoked until the treatment is completed.
There is no Limited Driving Privilege for this revocation, even if you
had one for the first 12 months. It can also take 2 months or
more after completing treatment before it is processed by the
Department of Motor Vehicles.
5. Q. What happens at a hearing
to request early restoration of my license?
A. After serving part of your revocation you may ask for a hearing with
the Department of Motor Vehicles. A hearing officer will ask you
questions to determine if she will agree to restore your license
early. You will be sworn in, and you will be asked questions to
determine if she believes that you have not been driving while you were
revoked. You may also have witnesses. If you have prior
charges of Driving While Impaired, you will have to convince the
hearing officer that you will never drive after drinking again.
DWI
1. Q. What is the punishment for
Driving While Impaired?
A. There are five levels of punishment, but unless you have a
prior conviction, had a child in the car, or were involved in an
accident, then you will likely be given Level Three, Four, or
Five. Those levels of punishment involve a fine, a license
revocation, and the requirement of completing recommended alcohol
treatment. There will also be a suspended jail sentence.
That means that you don't have to go to jail, but if you commit another
crime in the following 12 months, then your sentence might be activated
and you can go to jail for 60 to 120 days.
If you had a child in the car, or there was a serious accident, or you
have a prior conviction for Driving While Impaired than you will be
sentenced as a Level One or Level Two. Both of these levels have
mandatory active jail sentences. This means you WILL need
to go to jail or to an inpatient alcohol treatment program. The
judge can send you to prison for up to two years depending on the
circumstance.
In addition to the punishment of the court there are other important
consequences. For most people the most important consequence is
that your insurance *will* go up by 400% or more. This means a
premium of nearly $2,000. per year or more. Also, it is a
criminal conviction which can affect employment, applications for
housing, or immigration benefits. Further, a conviction for
Driving While Impaired will drastically affect the consequences of
being stopped for Driving While Impaired in the future. If you
have a conviction, and you are stopped by an officer for Driving While
Impaired while you are still revoked, the police will take your car
from you, and you WILL go to jail if you are convicted.
2. Q What can I do to lessen my
sentence?
There are several factors that are considered to determine your
sentence, but the only one you can really affect AFTER the date of the
offense is to go to an alcohol treatment facility and get an
evaluation. Other factors considered are whether or not there was
an accident, whether the alcohol reading was high or low, whether you
have a good or poor driving record, and whether or not your driving was
unsafe.
3. Q. What do I do to get a
Limited Driving Privilege?
If you had a valid license at the time of the offense you may be able
to get a limited privilege 10 days after the offense as well as after
any conviction. You will need to have completed your alcohol
assessment and be currently insured. If you need to drive for
your
job beyond the hours of 6am to 8pm, Monday-Friday, you will need a
letter from your employer.
4. Q. Do I have to get an
alcohol evaluation before going to court?
You don't have to, but if you do then you may lower your punishment
level, and you may avoid supervised probation. You will need to
do one if you are found guilty, and it is definitely worth doing it
beforehand.
5. Q. Do I have to begin my
treatment before going to court?
Beginning your treatment is not necessary before disposing of the
case. Also, you may be found not guilty, in which case you will
not need to complete the classes.
6. Q. Are all alcohol schools
the same?
No. The cost for the evaluation is $100., and the criteria and
curriculum are regulated by the state. But schools may charge
different rates as they choose for their classes. You may want to
shop around.
7. Q. If it is true that I
was drinking and driving, is there any point to fighting the charge?
Yes. There are many reasons that you can still win the
case. For example, it is possible that we can show the court that
it should not use the result of the Intoxylizer machine. It may
be possible that the officer did not have the right to stop you in the
first place. It is possible that even though you had been
drinking, you still were not impaired to drive. If you want to
discuss your case with me, please email me, and we can go over some
issues that you might have.
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