I am not an immigration attorney, so I can only speak about similar situations that occurred with past clients. One was a U.S. citizen with a pending DWI in North Carolina. He had been released on a written promise to appear in court. He traveled out of the country for a wedding and he had no problems at all leaving and re-entering the U.S. I also have represented citizen of the U.K. for DWI. He was able to travel back to England while his DWI was pending in Union County N.C. He had no...
First of all, you got a great deal. Thank your lawyer for that. You were sentenced to the lowest level of punishment in North Carolina for DWI. My guess is that your heroin charge had a bond and the DWI and class 2 misdemeanor of RDO did not have a bond attached. Call your attorney. I think you will find that your confinement was related to the felony and the dismissal of the felony would explain why you would not be entitled to pre-trial on your level 5 plea.
You have received some good advice and everything points to "hire a lawyer." It is up to the Judge to determine if "reasonable and articulable suspicion" existed to stop and detain you existed and it is up to the Judge to determine if "probable cause" existed to place you under arrest. You a qualified attorney to make arguments on your behalf. Best of luck.
The State must prove you were driving in order to convict you of DWI. There is also a relevant time issue that may apply in your case. Consult with an attorney now! Do not speak to anyone else about your case. There may be a few defenses to your case and this should be discussed with an attorney in a private setting.
The court cost will likely be $190.00 plus the fine that is assessed, but the ultimate cost for traveling 78/55 is much more than just a fine and cost of court. Your license could be revoked if you just pay the ticket. Make an appointment with an attorney in Jacksonville. I imagine that you will find that hiring an attorney will give you peace of mind and will likely save your money in the long run. Best of luck.
The best decision that you can make right now is to hire an attorney. This will certainly be on your record unless your lawyer is able to negotiate a resolution that makes you eligible for an expunction.
There is always a possibility of winning! According to your narrative, you were only slightly impaired with a .08 BAC. I am assuming this number was produced by the EC/IR-II. The only tests that the officer requested were an ABC test which would be used to determine whether or not divided attention impairment is present (not a standardized field sobriety test), the HGN test and PBT. You need to hire a lawyer who is confident in challenging the Probable Cause to arrest in your case. I think...
I hope you have had an attorney involved in this case. If you have been going to court without counsel, its time to lawyer up. A local attorney can advise you on how to best handle this situation. Perhaps on the last court date, the case was marked "not to be continued again" for the State. If this is the case, hopefully the Judge will deny the State's motion to continue on 8/18. Best of Luck.