Fred B. Amos II’s Answers

Fred B. Amos II

Raleigh Family Law Attorney.

Contributor Level 15
  1. I was at the hospital for a massive Valium overdose. They let me out and told me not to drive. I drove and crashed and got a DUI

    Answered 11 months ago.

    1. Katherine Elizabeth Hudson
    2. Anna Morrison Goodwin
    3. Fred B. Amos II
    4. C. Donald Briggs III
    5. Christopher Daniel Leroi
    6. ···
    6 lawyer answers

    You are correct to use the word aggressive. Wake County is very aggressive in making DWI arrests and prosecuting those arrested. According to the facts you have provided, you are guilty of DWI. You are unlikely to stop the subpoena or otherwise keep the hospital record out of evidence. What is odd is that you were not forced to give a blood sample. You need to be concerned with your sentencing level and avoiding jail time.

    14 lawyers agreed with this answer

  2. I got a speeding ticket and I want to know how to handle the ticket in court to try and get it reduced or dropped.

    Answered over 1 year ago.

    1. Fred B. Amos II
    2. James Donald Garrett
    3. Michael R Crosner
    4. Seth Russell Okin
    4 lawyer answers

    22 over is not so simple. You are unlikely to just walk into court and achieve a desirable outcome. You may need to attend traffic school to get where you want to be on that charge. Hire yourself a good traffic lawyer. You can spend the money now and handle the matter properly or you can pay higher insurance premiums for the next three years. Good luck to you.

    Selected as best answer

  3. Can I be convicted of a DUI when there is no evidence but an officer's opinion of my state at the time

    Answered 12 months ago.

    1. Fred B. Amos II
    2. William A. Jones Jr.
    3. F. "Bill" William Powers
    4. Timothy J. Vanderweert
    5. Samuel Cohen
    6. ···
    6 lawyer answers

    There is case law that states if the only evidence is the officer's observations, then the DWI charge must be dismissed. However, in your case there is additional evidence. First, you were in a car accident. Second, you admitted to the officer that you had been drinking earlier in the evening. So, it is highly unlikely your case would be dismissed. However, I take it from the facts you have stated that you did not perform roadside field sobriety tests, submit to a breath alcohol test, or...

    12 lawyers agreed with this answer

  4. I got caught with Clonazepam but cop wrote on ticket that it was Valium / Diazepam. Is that a defense?

    Answered 12 months ago.

    1. Fred B. Amos II
    2. Blake Spale
    3. Alexander M. Ivakhnenko
    4. Christian K. Lassen II
    4 lawyer answers

    I agree with the previous answers and would add that both Clonazepam and Diazepam are Schedule IV controlled substances. Possession without a prescription is a Class I felony. To argue that you were illegally in possession of a particular controlled substance as a defense to being illegally in possession of a different controlled substance is unlikely to get you very far.

    12 lawyers agreed with this answer

  5. I keep getting tickets for driving while license revoked by a cop every day. Will they all get consolidated into one in court?

    Answered 12 months ago.

    1. Billy Jack Stovall II
    2. Blake Spale
    3. Fred B. Amos II
    4. Michael Adam Haber
    5. Timothy J. Vanderweert
    6. ···
    8 lawyer answers

    No. Stop driving while your license is revoked. Hire an attorney to help you straighten out the mess you've made.

    12 lawyers agreed with this answer

  6. Is it legal to sell my urine to people so they can not violate probation?

    Answered 12 months ago.

    1. Blake Spale
    2. Fred B. Amos II
    3. Stephen F Wallace
    4. Christopher Irvin Simser
    5. Timothy J. Vanderweert
    6. ···
    6 lawyer answers

    I would have to say it is not legal as you would be aiding and abetting a direction probation violation. Your disclaimer is irrelevant as you appear to be quite aware of the intended use of your urine.

    12 lawyers agreed with this answer

  7. I got a DWI and cop told me I can't drive for a month or I am going to prison. What about innocent until proven guilty?

    Answered 11 months ago.

    1. Fred B. Amos II
    2. William Lenox Fay
    3. George Wilmarth Nickel III
    4. Gerald R Stahl
    5. John J. Carney
    5 lawyer answers

    In North Carolina, DWI is an implied consent offense. What you received is a civil revocation under N.C.G.S. Sec. 16.5. Under that statute your license is automatically revoked for 30 days if you were found to have a BAC above the .08 legal limit or you refused the breathalyzer test. You may qualify for a limited driving privilege after 10 days. You may or may not be interested in the LDP. In any event, you can pick up your license after 30 days from the date of revocation.

    11 lawyers agreed with this answer

  8. Crazy cop arrested me for possession of "spice" and "bath salts". He didn't test them. I said they were newer substances.

    Answered 11 months ago.

    1. Fred B. Amos II
    2. Anna Morrison Goodwin
    3. Kenneth Love Jr.
    4. S Shazam Kianpour
    4 lawyer answers

    You are not going to get far calling the arresting officer "crazy" or "stupid." If you were not in possession of an illegal substance, you will have the opportunity to go to court and plead not guilty. The State will then have to prove that you were in possession of an illegal substance. Samples will be tested. If no illegal substance is found in the samples, the DA should dismiss your case. However, if the samples prove to contain an illegal substance, you can expect to be prosecuted....

    11 lawyers agreed with this answer

  9. I was pulled over on the interstate in North Carolina I was doing 72 in a 55 however the police officer put 64 and a 55.

    Answered 10 months ago.

    1. Fred B. Amos II
    2. Anna Morrison Goodwin
    3. Matthew Vernon Silva
    3 lawyer answers

    If you plead guilty to the charge, you will have a couple of points on your license, but your insurance rates should not increase. However, you may be able to get the charge reduced to improper equipment. It just depends on how things work in that county.

    10 lawyers agreed with this answer

  10. I accidently drove into a ditch filled with water and was charged with DWI, hit and run and leaving the seen. Is that right?

    Answered 11 months ago.

    1. Fred B. Amos II
    2. Amanda Bowden Houser
    3. Anna Morrison Goodwin
    4. Christopher James Welch
    4 lawyer answers

    It is impossible to give you an answer without additional information. Your best bet is to consult with a defense attorney in your area. Depending on how you performed on the FST's, if you truly blew a .01 on the PBT, you may have a probable cause issue for the arrest. Many defense attorneys give free consultations. You can use the Find A Lawyer feature on this site to locate some attorneys in your area.

    10 lawyers agreed with this answer

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