Adam M. Seifer’s Answers

Adam M. Seifer

Charlotte DUI / DWI Attorney.

Contributor Level 11
  1. I was charged with a DUI even though my BAC was .07. How is this possible and will my case likely be dismissed?

    Answered 20 days ago.

    1. Adam M. Seifer
    2. Jesse Grant Scharff
    3. Ian Thomas Valkenet
    4. Zachary Andrew Cohen
    4 lawyer answers

    The State can prove a DWI by 1 of 2 ways. That your BAC was .08 or higher, which wouldnt apply in your case obviously, or that your mental and physical faculties were appreciably impaired. This is proven through the officer's observations of you ie your driving, field sobriety tests etc. I often argue to the DAs that if they live by the sword, they should die by the sword, meaning if they always move forward when its .08 or higher, then when the blow is below a .08, they shouldnt proceed....

    Selected as best answer

  2. What does being imprisoned for 75 days in the custody of the sheriff mean?

    Answered about 1 month ago.

    1. Adam M. Seifer
    2. Guerline Ladouceur-Laurore
    3. Emily Reber-Mariniello
    4. Aggie Rachel Hoffman
    4 lawyer answers

    My best guess without seeing the judgment is that the sentence was suspended since you were put on unsupervised probation and you arent in custody currently. If you do not abide by the terms of the probation, then they may activate the sentence. Keep in mind that if you do not like the sentence, depending on which court you were in, you may have some appeal rights but you only have a limited time. Contact an experienced criminal defense attorney if you would like to explore those rights.

    8 lawyers agreed with this answer

  3. Im 17 and my boy friends 30 if i have sex with him will he be charged with rape

    Answered about 1 month ago.

    1. Sarah Jessica Farber
    2. Adam M. Seifer
    3. Raushanah Fadqua Rodgers
    3 lawyer answers

    In NC, the genenal age of consent is 16. So you should be fine.

    8 lawyers agreed with this answer

  4. If the DUI is in Georgia, should I get a Georgia attorney or a NC attorney (our state of residence)?

    Answered 10 days ago.

    1. Adam M. Seifer
    2. Fred B. Amos II
    3. Bailey J. Farrin
    4. Zachary Andrew Cohen
    5. J. Denise Carter
    6. ···
    6 lawyer answers

    You need an attorney in Georgia. and preferably one that practices in the county in which you got it. A NC lawyer wont be able to help you there, unless theyre also licensed in GA as well.

    7 lawyers agreed with this answer

  5. I received a DUI, I refused to blow and they took me in to get blood. I have a previous dui 12 years ago. Any chance of dismiss?

    Answered about 1 month ago.

    1. Adam M. Seifer
    2. Ernest Clarke Dummit
    3. John J. Barrow
    4. L. Vincent Ramunno Jr.
    4 lawyer answers

    The consequences of simply blindly pleading guilty without knowing if you have a chance to beat it are great. You should never just save money and plead to it. The cost long-term far outweighs the cost of hiring an attorney. The reason you hire an attorney is to see if you have legal grounds for beating it. There is no way to know if you have good grounds to beat it based on the info you provided, especially considering the blood number hasnt even come back yet. Definitely at least consult...

    7 lawyers agreed with this answer

  6. What is restriction code 19 BAC 04

    Answered about 1 month ago.

    1. Adam M. Seifer
    2. Fred B. Amos II
    3. Karl E. Knudsen
    4. Barry K. Henline
    5. Ted Harvatin
    5 lawyer answers

    It means you have the restriction of no greater than a .04 BAC restriction, usually for 4 years. Most of the time that comes after a first DWI conviction. So if you get pulled over and blow between a .04 and .08, you most likely wont get charged with DWI but you will still be charged with a violation of restriction.

    7 lawyers agreed with this answer

  7. Are DWI charges more or less likely to get dropped if they are issued at a checkpoint?

    Answered 24 days ago.

    1. F. "Bill" William Powers
    2. Adam M. Seifer
    3. Daniel Allen Meier
    4. James Bradley Smith
    5. John Owen Moeller
    6. ···
    6 lawyer answers

    The answer to this question is not a simple one. You should consult with an experienced Charlotte DWI/DUI attorney. This is because there are many possible legal challenges to DWIs which are not always apparent initially and will take some digging into. For example, was the checkpoint valid? Did the officer have probable cause to arrest you? etc. If the answer to either of these is no, then your case may be dismissed despite the fact that you blew a .15. The other reason you will want to...

    6 lawyers agreed with this answer

  8. I'm a Canadian that received a citation - 87 mph in a 65 mph zone in Charlotte, N.C. How will this play out?

    Answered 29 days ago.

    1. Adam M. Seifer
    2. Adam Wilson Arthur
    3. Micah Lindsay Cooper
    4. David Alexander Concha
    4 lawyer answers

    Because of your speed, you actually have to either appear in court or hire an attorney to go for you. I am not sure if it would transfer back to Canada and affect your insurance there as it would if you lived in a different state. However, since you either have to make the trip back to handle it or hire an attorney to do so, youre cheapest and best option is to hire an attorney. If you miss the court date and ever attempt to re-enter the country, it is possible it will be flagged by...

    6 lawyers agreed with this answer

  9. If I get a ticket for expired registration and tags can I just mail the ticket in and proof of registration?

    Answered 2 months ago.

    1. Adam M. Seifer
    2. Daniel Allen Meier
    3. Amanda Bowden Houser
    3 lawyer answers

    Most counties in NC, the DA will dismiss the charge altogether if you show proof of current registration after the fact. If that is the case, then there shouldnt be any fee or court costs since the ticket is dismissed. Every county has different policies regarding dismissals by mailing in proof etc. You will want to consult an attorney in the county in which you received the ticket or at least call the local district attorney's office to see if they would be able to handle through the mail....

    6 lawyers agreed with this answer

  10. How can I have my case transferred to Superior Court From District Court?

    Answered 7 months ago.

    1. James Kevan Minick
    2. David T. Courie
    3. Adam M. Seifer
    4. David A. Coolidge Jr.
    5. Ethan Patrick Meaney
    6. ···
    8 lawyer answers

    DWIs dont get moved to Superior Court unless they are appealed. You have two options. You can plead in District Court and then appeal it up to Superior. In which case, the sentence would most likely not kick in pending your appeal. Or you can try to hire a lawyer who may be able to get the case continued for having just been retained. Give us a call at SeiferFlatow Law Firm at 704-512-0606. We may be able to help.

    6 lawyers agreed with this answer

Call now for a free consultation.

704-512-0606