David A. Coolidge Jr.'s Answers

Is it DWI/DUI/OUI if you start your car in parking lot to warm up while you go back to pay dinner bill?

In North Carolina, we only have DWI, Driving while impaired. The key for you is do your actions constitute "driving" under North Carolina Law. You should consult an attorney who can discuss the specifics of your case. I only practice in Wake County but I'm happy to refer you to someone in the area where you received the citation.

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I was caught shoplifting and received a citation and im thinking about pleading guilty. And the store clerk grab me from behind

You should hire an attorney. If you cannot afford an attorney, then at your first court appearance, you can ask the judge to appoint you one. The court appointed attorney is not free but you do not have to pay upfront and you only pay if you plead guilty or are found guilty. You do not want a larceny (shoplifting) conviction on your record. It will be hard for you to gain employment and you will carry this with you for a long time. Most importantly, there are ways that you can avoid...

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Got a ticket in Warrenton, NC while driving back home to MD (i have MD tags & license). Do I get points in MD?

To best know if an out of state moving violation would affect your MD driver's license, you should consult an attorney licensed in the state of MD. With that said, you should receive letters from NC attorneys who are willing to help you. These attorneys can best determine what course of action would be best in your situation. I do not practice in Warrenton, NC but most of the smaller counties allow a defense of "improper equipment." This is a non-moving violation and a defense that may very...

My brother was arrested for underage drinking and resisting arrest. Will be he be charged?

HI: Charged and arrested are essentially the same thing. If the officer gave him a citation charging him with underage drinkning then he was arrested. He may not have been handcuffed and taken to the jail for processing but he was still arrested for underage drinking. He should consult a lawyer as there are several ways to avoid having this negatively impact his record.

I was charged with dui, but i was exiting the car when the officer stopped me. Is this legal?

For the State to convict of DWI, the prosecution must be able to put you behind the wheel. The question in your case is whether the officer followed such that he saw you pull into your driveway and then exit the vehicle or did he lose sight such that when he arrived at your house, you were already out of the vehicle. You should consult an attorney that handles alot of DWIs.

Received ticket for Paraphernalia while on unsupervised probation?

Possession of drug paraphernalia is a class 1 misdemeanor which given your prior conviction for DWI could result in jail time. In addition, your probabation could be revoked which would cause the suspended sentence that you were given for the DWI to become active. You need to consult an attorney or ask the court to appoint one for you. There may be a challlenge to the search or there may be something that an attorney can work out with the district attorney.