There are three different methods of proving "impaired driving" in North Carolina:
1. BrAC or BAC reading of .08 or higher; and/or
2. Appreciable Impairment as described by witnesses for the State; and/or
3. Existence of Metabolites of certain controlled substances. (SEE BELOW FOR STATUTORY DEFINITION UNDER NCGS 20-138.1)
The accused may not be actually "impaired" to be convicted of Impaired Driving. DWI may be proven even in instances where the active ingredient is NOT present in...
First, try not to fret. There may be options available. Second, retain an attorney immediately.
Criminal matters, such as the one described in the inquiry, can be complicated.
For more information on the law in North Carolina see: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-72.html
You may wish to Michael Neece if the case is in Gastonia, NC.
Please say "hey" if you call.
Great inquiry and best of luck...
Normally you see those types of citations when the operator, in a single-car accident, hits or destroys a significant amount of personal property. Under North Carolina General Statutes, specifically, NCGS 20-16, that is a three (3) point moving violation.
But it’s more complicated than simply the issuance of Motor Vehicle or Insurance Points. To understand the legal issues involved, one would be...
Need more information. Generally speaking, in North Carolina, a JURY would normally be required for a conviction at TRIAL. A Superior Court Judge could accept a "guilty plea" to a felony. If a plea is entered, which would be on the record and after substantial discourse of options, one would have given up the option for a trial by jury.
Although one is not required to retain legal counsel, many people find the process to be time consuming and confusing.
Furthermore, an Assistant District Attorney is prohibited from providing legal advice.
As such, retaining a lawyer would be a good idea.
Traffic matters, such as the one described in the inquiry, can be complicated and carry long-term consequences.
The historical basis regarding the inquiry is a bit disconcerting, because had a lawyer been invoked from the...
Depends on more than just prior convictions. One must consider "at fault" wrecks on the policy. Assuming nothing at all, likely better to save PJC.
Either way, given the complexities of traffic law, makes sense to consult with an attorney. Many lawyers will provide confidential consultation at no charge.
Andy Hanford is a great attorney and super nice person. Please say "hey" if you call.
There might be an additional option. Some jurisdictions, depending on the severity of the collision, allow for a dismissal with confirmation that the insurance carrier has covered the claim.
Chuck Alexander is a really good lawyer in Winston. You may want to give him a call. Please say "hey" if you do.
Yes, it's actually pretty common. There are three general ways to prosecute an DWI in North Carolina:
1. Appreciable Impairment, and/or
2. At any relevant time after operating vehicle, 0.08 breath reading, and/or
3. Metabolites or active ingredients of Schedule I Controlled Substance in blood.
One would necessarily anticipate the State is proceeding on the first prong of impairment. That does not preclude ALSO prosecuting under the 0.08 or Schedule I standards as well. (VERY fact...