F. "Bill" William Powers’s Answers

An attorney can help in many ways. They normally will explain the process. . .which includes more than just what happens in court. There are implications with DMV, licensing issues and the mechanics of court. If you can't afford an attorney, ask for a Public Defender. DWI cases are extraordinary complex. Understanding how things work, reviewing legal issues and assisting through the process is what lawyers do. Bill Powers North Carolina DWI Attorney

That's frankly not that uncommon. My wife recently was involved in a minor fender-bender and the insurance carrier for the "adverse" side called and pressured for a recorded statement. It made even her nervous. . .and I had warned her in advance. More information would be helpful regarding "paying off the vehicle" and the specifics of where the case is regarding presentation of a claim. As you may have read in a prior posting, one should not sign any documents releasing liability...

Good question! There are a few different things that can happen: 1. Most importantly, the failure to comply with the judgment, even regarding alcohol assessment and/or treatment, may result in an order for arrest. Mecklenburg County has what is referred to as the post judgment center. It has staff who spend their entire day making sure people comply with judgments. In fact, Charlotte is pretty quick in determining whether or not someone has done community service or treatment or...

Sometimes people don't fully understand the hows and whys of a settlement, especially as it pertains to legal fees. There tend to be a LOT of moving parts when it comes to presenting a claim for damages, injuries, lost wages, etc. In many instances a personal injury attorney will have established the different percentages and terms of representation via a written contract. You may benefit from taking a closer look at the agreement with the firm / attorney. If that still doesn't answer...

Need more information. Normally one must first be "charged" with offenses prior to the appointment of counsel process. Assuming he qualifies, having been found "indigent" after preparing an Affidavit of Indigency, the Court would appoint counsel. . .which may or may not be a Public Defender. The inquiry did not list a town / county in North Carolina. Some judicial districts appoint private attorneys as counsel. Other districts have a formal Public Defenders office. Either way,...

It makes sense to speak with an immigration attorney, as they would be better suited to answer that question. From the DWI/DUI criminal side, one would be remiss in failing mention the need to comply with each and every aspect of the Court's Order such as probation, treatment, fines, community service and if appropriate, travel restrictions. Hope that helps. Mind the gap. #billpowers #charlottelawhelp #powmac.com #SuperLawyersNC #Top25LawyersCLT

Good question! That happens more than expected and is sometimes associated with the State's ability (or inability) to make a "prima facie" case. Operation of a motor vehicle is what is commonly referred to as an essential element of any DWI DUI Impaired Driving case. Put simply, they're complicated and sometimes involve a "Trexler" issue, associated with North Carolina v. Trexler. Given all the different possible fact scenarios, it makes sense to consult with an experienced attorney...

Need a bit more information, as the inquiry makes reference to three or four priors. There have been substantial changes to the law, specifically pertaining to sentencing and Grossly Aggravating Factors. Check out precious postings on AVVO.com regarding "Laura's Law." Given the possible consequences, separate and apart from Laura's Law, consultation with an EXPERIENCED DWI DUI Impaired Driving attorney makes sense. Bill Powers www.northcarolinadwilaws.com www.powmac.com

If this or any other answer is helpful, please let AVVO know. North Carolina is a Contributory Negligence state. Ordinary Negligence is the legal standard, as there is no longer a distinction regarding the type of guest on the property. Although a claim could be filed, it would be EXTRAORDINARILY difficult to prove and/or survive a Motion for Summary Judgment. You may want to advise your carrier of the potential claim. Be advised, drug use in the premises COULD be a basis to deny...

Listen to your attorney.