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Curtis A Sluder's Answers
- 11 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Motorcycle: Red Light Ticket at Intersection.
I would start by explaining the situation to the District attorney on your court date. Be very polite, not argumentative, and explain the situation to the DA. Make sure the DA is aware of the law allowing a motorcycle rider to proceed through a red light, as this is a relatively new law in NC. If the DA choses not to dismiss the case, you could again explain this to the judge, and ask for a PJC, attend a driving school if that is allowed in the district where you received the ticket, or go to...
3
Attorney answers:
Wrong information on my ticket.
I find it most interesting that the license number and state are incorrect. When NC records a conviction and enters the information into the computer, the conviction is attached to the driver by way of the license number and state. If, for example, you are a Florida Driver, once the case is concluded, the information is then sent by way of the National Driver license registry to member states, in this example, Florida. If the number is wrong, or the state, then it is entirely possible that the...
1
Attorney answers:
Motor vehicle suspended liscense
It may depend somewhat on where you got the ticket. If it was in NC, it might be possible to re-visit the charge, in some instances. If it was out of state,(most likely) NC will suspend your license even though the out of state ticket might have been minor and payable by mail inthe state where it was received. In either event, you may be eligible for a limited driving privilege. There are 3 ways one can go about asking for this privilege, depending on where you get the ticket. After a...
3
Attorney answers:
How long doe a dwi stat on your record in nc
A Conviction for DWI in NC will stay on your record permanently. A conviction in NC cannot be expunged, unless it was of a certain class of offenses and it occurred prior to turning 18 years old. A conviction for DWI will always be a factor considered in any future DWI charge, as an aggravating factor or as a grossly aggravating factor.
1
Attorney answers:
What is the penalty for aiding and abetting someone to drive your car under the influence?
There are 5 levels of DWI, plus the felony charge, in NC. Level 1 is the most serious, level 5 is the least serious. A person convicted of aiding and abetting a DWI is sentenced as if a level 5 DWI. This includes license revocation, assessment and recommended treatment, community service or jail, and fines and fees.
1
Attorney answers:
I am wondering what will happen if I just been charged with public intoxication and disruption in nc and am a convicted felon.
Most likely, a fine. As you state, though, it is possible to receive up to 30 days. If your probation period expired on the old charge, no violation of probation can come of this charge. You will have a record the judge will consider when sentencing you, but you will only face the penalties this charge carries based on what you have told me.
1
Attorney answers:
Intoxicated and Disruptive
Let me answer your questions in reverse order. 3: State appointed is most definitely still a lawyer. Court appointed counsel work very hard, and a private attorney who accepts court appointed counsel has an ethical obligation to represent the appointed case with all the skill and diligence he or she would use in a retained case. Most of the public defenders I know are excellent lawyers, although they do often have very large case loads, and may not have as much time for your individual case...
1
Attorney answers:
My father is a trucker and had two tickets in a three year period (in VA). Is it possible to have convicted tickets erased?
This is really a two part question. First, it would depend on the laws of the state where a conviction occurred. Once the conviction is entered, probably not, because most states do not have provisions for "expunction" of convictions, and some states do not allow expunction of traffic charges (NC is such a state). Second, there are federal regulations against "masking" traffic violations for CDL drivers. This would create a further difficulty in removing these charges. The only chance...
1
Attorney answers:
If you have a warrent will you be arrested when you go to NCDMV for ID renewal
You certainly could be. DMV officers are law enforcement officers. When you go in for your license renewal, or ID renewal, if they check for pending warrants then they could tell you that you have a warrant you need to go take care of, or they could arrest you. They may not check, or the warrant may have been issued in a different county, and that county not checked. My suggestion is to get an attorney, and let the attorney arrange turning yourself in on the warrant, or, better still, asking...
1
Attorney answers:
Is there anyway to drive legally with tag revoked?
You should have received a notice from DMV soon after the lapse asking you to answer one of three questions- was there no lapse, and can your insurer certify that, was there a lapse but no claims filed during the period of the lapse, or was there a lapse and an accident occurred. It sounds as if you would be in the second category- a lapse, but no claim during the period of lapse. You are given a certain period of time to show proof of insurance, pay a $50 fine, and keep your tag. If the time...