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.
North Carolina DWI Attorney
That is a difficult inquiry to address. One would need more information, as there are differences between a violation of NCGS 20-138.1 and 20-138.3.
The PDP adds a level of complexity, in that the appreciable impairment prong could be proven both with a reading (even if under .08), and when considering in a totality the cumulative effects of impairing substances, may include both alcohol and possibly illegal substances that would necessarily include the need for paraphernalia.
That's a VERY interesting legal issue.
Anonymous source cases often present legal issues, as normally law enforcement must be able to identify the party and/or present evidence as to the veracity of an allegation.
Put simply, Defense Counsel would want to determine the basis of the "tip" and whether a stop was based upon nothing more than unarticulated suspicion or mere "hunch."
Sometimes "tips" also come with testimony from officers where they may have clued in on a vehicle and...
Although this is an inquiry on the Personal Inquiry section, the language relates to what is referred to as a Grossly Aggravating Factor as is defined under North Carolina General Statute 20-179. SEE LINK BELOW.
The relevant section is: (3) Serious injury to another person caused by the defendant's impaired driving at the time of the offense.
(c) Determining Existence of Grossly Aggravating Factors. - At the sentencing hearing, based upon the evidence presented at trial...
That is a complicated inquiry, as it involves proof of operation and possibly what is referred to a "naked, extrajudicial confession" under State v. Trexler.
Without a reading the State may need to proceed on the "appreciable impairment prong" of 20-138.1.
Seek experienced legal counsel immediately.
Pay the $100 Civil Restoration fee at Clerk of Court. They should be the one holding the license.
If you haven't already, retain local counsel. S/he can help you with type of thing.
Best of luck. . .and GOOD QUESTION.
The Union County Sheriff's Department has consistently disavowed recording video in the "booking area" or breath testing room. We HAVE obtained video evidence in the "sally port" of the arrest processing center.
BTW, I had always heard deputies and other law enforcement officers referring to the "sally port," but until this question, did not know the etymology of the term. It is defined as: "The primary modern meaning for sally port is a secure, controlled entryway, as of a...
Gracious, don't mess around with that. We've seen people charged for driving to DMV on a revoked license. Although never personally hearing of an arrest in those circumstances, it certainly wouldn't be difficult to find.
Furthermore, obtaining an updated license or ID requires an updated permanent address. People serving process on an OFA consult a wide range of computer databases. One of the easiest places to check for information is DMV.
DO SOMETHING ABOUT THE ORDER FOR ARREST....