Andrew Patrick Crook’s Answers

Andrew Patrick Crook

Raleigh Criminal Defense Attorney.

Contributor Level 5
  1. Judge & DA granted motion to suppress stop. Implied consent offense upheld.

    Answered over 1 year ago.

    1. Andrew Patrick Crook
    2. John J. Carney
    2 lawyer answers

    I need more information to give a better answer, but whether you can challenge the license suspension depends on why your license is suspended. Did you refuse to submit to a chemical analysis of your breath after arrest? It may be possible to submit a petition to the Attorney General's Office to challenge your suspension.

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  2. What do I need to do to make a mandatory court appearence, speeding citation dissapear?

    Answered 7 months ago.

    1. Andrew Patrick Crook
    2. F. "Bill" William Powers
    3. Adam M. Seifer
    3 lawyer answers

    In most instances people charged with speeding can hire an attorney to appear on their behalf without having to appear themselves. When an officer tells you a court appearance is mandatory, he is telling you that you can't simply "pay off" the ticket, though paying a ticket without appearing in court is rarely a good idea anyway. As far as ensuring your insurance and your license are not affected, that will depend on your driving history and the court customs in the county where you were...

    3 lawyers agreed with this answer

  3. If convicted of a DUI & having only a restricted license, what other places (if any) can I drive to besides work/school?

    Answered 7 months ago.

    1. Adam M. Seifer
    2. Andrew Patrick Crook
    3. Zachary Andrew Cohen
    4. Julia E. Simmons
    4 lawyer answers

    Generally running errands would fall under driving for maintenance of household. Typically a person convicted of DWI driving on a limited driving privilege may drive for maintenance of household Monday through Friday 6am to 8pm. However (at least in the counties where I practice), judges will not extend the hours during which a person may drive for maintenance of household. Compare that to driving for work and school. If you can provide the judge proof that you work on weekends (e.g.,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Live in Cary, did Hollysprings police officers have rights to issue me "not put seat belt on" ticket in front of my garage door?

    Answered 7 months ago.

    1. Andrew Patrick Crook
    2. George Wilmarth Nickel III
    3. Stephen Ross Cohen
    3 lawyer answers

    You may have an argument that the officer was not within his jurisdiction when he charged you. The DA may dismiss the case outright, but you may have to argue your case at trial.

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  5. My speeding ticket for going 61 in a 45 only got reduced to 59 in a 45. Why was I offered such a horrible plea?

    Answered 7 months ago.

    1. Andrew Patrick Crook
    2. Lynn Norton-Ramirez
    3. Stephen Ross Cohen
    4. Saralyn Stephanie Stewart
    4 lawyer answers

    Did you represent yourself? While I don't want to imply that assistant district attorneys take advantage of people without attorneys, I have seen ADAs offer bad deals to individuals for seemingly no reason. I'd advise speaking to an attorney in your county about a motion for appropriate relief. It's a motion asking for a case to be reopened so that a different result may be entered. If your attorney can show that it's customary in Burlington for a 61 in a 45 to be reduced to 54 in a 45,...

    2 lawyers agreed with this answer

  6. Criminal Summons from three years ago.. never been served, nor has a warrant been issued under my name.. will it be removed?

    Answered over 1 year ago.

    1. Andrew Patrick Crook
    2. Vincent James Filliben
    2 lawyer answers

    Additional facts might be more helpful, but It sounds like what you're saying is in 2010 you were charged with a crime but, for whatever reason, never received a citation nor were you ever arrested. If that's the case, it may be that the best thing to do is get served and receive a court date. For a case that is three years old, it may be impossible for the DA to secure the evidence necessary to prosecute you (e.g., witness testimony). If that's the case, the DA could very well dismiss it.

    2 lawyers agreed with this answer

  7. So I was charged with contributing to the delinquency of a juvenile and I am looking to get this expunged.

    Answered almost 2 years ago.

    1. Andrew Patrick Crook
    2. George Wilmarth Nickel III
    2 lawyer answers

    Actually, it sounds like you're already eligible to have this charge expunged. When you are convicted of a misdemeanor while under the age of 18, you can have the conviction expunged when two years have passed from the date of conviction. It's a bit confusing to go through the process in detail in this forum, but the relevant statute is NC Gen Stat 15A-145. It's best to seek out an experienced attorney to help you with the process to make sure everything is in order before filing.

    2 lawyers agreed with this answer

  8. Might my license be suspended?

    Answered 6 months ago.

    1. Anna Morrison Goodwin
    2. Susan N. Surles
    3. David Kenneth Gross
    4. Andrew Patrick Crook
    4 lawyer answers

    Are you licensed to drive in North Carolina? Be careful about how you handle this ticket. North Carolina applies North Carolina law to tickets received out of state, and in North Carolina if you are convicted of speeding fifteen mph or more over the limit you'll face a license suspension. So even though this ticket occurred in VA, it could result in a suspension of your NC license.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. I was convicted of DWI level 5, on appeal due to not allowing my witness back at S.O. Is this a good appeals case?

    Answered 6 months ago.

    1. Adam M. Seifer
    2. Dustin R. T. Sullivan
    3. Zachary Andrew Cohen
    4. Julia E. Simmons
    5. Andrew Patrick Crook
    5 lawyer answers

    Kind of a yes but maybe no answer. Typically when law enforcement prohibits your witness from watching you take the breath test it makes for a good argument that the breath result should not be admitted into evidence. However, if the rest of the evidence in the case is sufficient to establish impairment, you could still lose. For example, if your driving was terrible and you did poorly on the field sobriety tests, there still may be enough evidence to convict you even without the...

    1 lawyer agreed with this answer

  10. How do I get a traffic ticket case back on the books for another court date? Is a Request for Setting a form that I can use?

    Answered about 1 year ago.

    1. Laura Marie Cobb
    2. Andrew Patrick Crook
    3. Fred B. Amos II
    4. Micah Lindsay Cooper
    4 lawyer answers

    It's not completely clear what you are asking. If you missed court and need a new court date, follow Ms. Cobb's advice. If you have already pled guilty to a traffic offense and realized the result would have some negative consequence you did not intend, you want to file a motion for appropriate relief requesting that the judge order the case to be reopened. You must have a good reason for the case to be reopened. Such reasons can include an error of law, ineffective assistance of...

    1 lawyer agreed with this answer