Allen C. Brotherton’s Answers

Allen C. Brotherton

Charlotte DUI / DWI Attorney.

Contributor Level 6
  1. Early termination on unsupervised probation for DWI level 5 sentence

    Answered over 1 year ago.

    1. Daniel Micah Blau
    2. Ernest Clarke Dummit
    3. Allen C. Brotherton
    4. Raushanah Fadqua Rodgers
    4 lawyer answers

    A Wake County attorney should be able to handle this quickly for you.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. DUI arrest. Gave verbal that I would not consent to blood, breath, or other test. Do they need warrant for blood?

    Answered over 1 year ago.

    1. Ernest Clarke Dummit
    2. Charles J. Alexander II
    3. Allen C. Brotherton
    3 lawyer answers

    If this occurred in Mecklenburg County, an experienced attorney should be able to contest any use of the blood result at trial. We have multiple magistrates on duty 24 hours per day and the process for obtaining a warrant is streamlined. You should not have to pay the medical bill.

    2 lawyers agreed with this answer

  3. 1st DUI, do I need a lawyer?

    Answered over 1 year ago.

    1. Ernest Clarke Dummit
    2. Fred B. Amos II
    3. Charles J. Alexander II
    4. Allen C. Brotherton
    5. Scotty J Storey
    5 lawyer answers

    Absolutely you should have a lawyer. You should get started right away, as an experienced attorney can lead you through the steps required to regain your right to drive after only 10 days. Often there are ways to win your case and avoid any other penalty; if not, a lawyer can help you minimize the damage.

    2 lawyers agreed with this answer

  4. How do I clear up an eight year old underage dwi failure to appear in court?

    Answered over 1 year ago.

    1. Ernest Clarke Dummit
    2. Allen C. Brotherton
    3. Wade J. Skalsky
    3 lawyer answers

    It sounds as if the clerk in Union County has made an error. An experienced attorney there should be able to clear things up without an arrest.

    2 lawyers agreed with this answer

  5. Can I get my record expunged?

    Answered over 1 year ago.

    1. Allen C. Brotherton
    2. Ernest Clarke Dummit
    2 lawyer answers

    While you are likely not eligible for expungement, an experienced lawyer could examine all the documents and circumstances in your case and possibly find grounds for a motion to set aside your conviction, known in NC as a Motion for Appropriate Relief.

    1 lawyer agreed with this answer

  6. I finished my community service, and paid all my fines but didn't finish my treatment will they terminate my probation .

    Answered over 1 year ago.

    1. Ernest Clarke Dummit
    2. Allen C. Brotherton
    3. Charles J. Alexander II
    4. Jasen Bodie Nielsen
    4 lawyer answers

    You should check the Judgment; any probation from a 2011 conviction has likely expired. However, DMV will not restore your license until the treatment recommended by your assessment has been satisfied.

    1 lawyer agreed with this answer

  7. I am under a prayer for judgement like 3 months and just got another ticket.

    Answered over 1 year ago.

    1. Allen C. Brotherton
    2. Daniel Micah Blau
    3. Michael R Crosner
    3 lawyer answers

    The insurance implications of a conviction are based upon your record over the past 3 years. Usually, an experienced attorney can find a way to avoid or reduce insurance points with this sort of charge.

    1 lawyer agreed with this answer

  8. Sitting in my car in a drive way when I got a DUI?

    Answered over 1 year ago.

    1. Ernest Clarke Dummit
    2. Fred B. Amos II
    3. Charles J. Alexander II
    4. Allen C. Brotherton
    5. Mark Lawrence Deniz
    5 lawyer answers

    As crazy as it sounds, this is not a slam dunk winner for you. The State must prove you were operating the vehicle on a highway, street, or "public vehicular area" (PVA). Under NC law, operation includes being in actual physical control of a vehicle with the motor running or in motion. A driveway may or may not be a PVA, depending on the circumstances. You should seek the help of an experienced attorney to fight for you.

    1 lawyer agreed with this answer

  9. HOW CAN I GET MY DRIVERS LISENCE REINSTATED. I HAVE 3 DUI'S ON MY RECORD, THE LAST WAS ON 1/03/2002. WHAT IS THE AVERAGE COST

    Answered about 2 years ago.

    1. Laura Marie Cobb
    2. Allen C. Brotherton
    2 lawyer answers

    I represented a license holder at a DMV hearing in Charlotte with, based on your information above, similar charges on his record. At the hearing yesterday, 11/13, we were successful in obtaining conditional restoration of his driver license. You must be able to prove that you have been completely abstinent from alcohol for at least one year.

    1 lawyer agreed with this answer

  10. I was arrested for 2nd degree trespass at a school. Does the accuser have to be at the hearing?

    Answered over 1 year ago.

    1. Ernest Clarke Dummit
    2. Daniel Micah Blau
    3. Allen C. Brotherton
    3 lawyer answers

    Once your lawyer has obtained a dismissal of the charge, you may have a claim for damages against your daughter-in-law, which might put you in a better position to seek some access to your grandson. An experienced lawyer will be able to evaluate your situation.