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James Kevan Minick
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James Minick’s Answers

270 total


  • Should I have been charge with a DUI do to the fact I was parked at home in my resident drinking nd there's no prove I was drink

    I was In the house drinking when my wife said a lady report of me hitting her car so state trooper ask me to blow so I did and fail but i was drinking in the house there's no report of the accident or nothing

    James’s Answer

    In NC alcohol consumed after driving could cause a major dilemma in the State's prosecution of a DWI. Contact an experienced DWI attorney to discuss your case.

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  • NC license suspended"Failure to appear in court". How do I reinstate that when I am now out of state? How to best handle this?

    I do not have a criminal record. I have never been in any kind of trouble. I don't drink. I don't know what to do about this situation.. I am a nervous wreck. I have a family to take care of. I am now living out of state. I hav...

    James’s Answer

    FTAs are addressed with the DA's Office on Friday mornings in Buncombe County. You could also hire an attorney to help you strike the FTA and handle the ticket.

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  • I have waited 2 years for my blood work to come back 4 dui should that not b dismissed

    blowed .02 still gave me blood test

    James’s Answer

    Here in buncombe county our blood cases routinely get continued for two years, particularly if they are not alcohol related.

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  • Second DWI offense. NEED HELP PLEASE.

    This past October I had feel asleep at the wheel which caused me to blow through the busiest intersection in my town. When asleep I had pushed the gas harder causing me to speed up to 65mph. I awoke after a heard horns, then was t boned by another...

    James’s Answer

    You need to contact an attorney immediately. The fact that there was a serious wreck and you have a prior DWI makes this a very serious situation. It sounds like you have some potential defenses to the charge, so contact an attorney to discuss your options.

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  • First DUI in parking lot with the car not running and keys not in inginton.. Help!!

    Helo the last story i made was mesed up so here we go again I drank bout 4 beer and one shot on the night of December 28th, At 2 am i start heading home from the bar with my buddy and as we came across the McCdonalds we decided to stop nd go in a...

    James’s Answer

    There are a number of issues going on with your case. It would be important to determine why the officer initially responded to your vehicle. The fact that no standardized field sobriety tests were performed is also very interesting under the circumstances. Our typical process for handling a DWI in Gaston County is to try and get officer notes back as quickly as possible so that we can determine what issues are ripe for attack on a case.

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  • The state of north carolina has continued my dwi case twice now due to my court appointed counsel not being present.

    The case will be heard again on feb 17, eleven months from the citation. i am an out of state motorist and resident of MT & have been stuck in NC dealing with this for almost one year now. part of me wants to request a continuance for appointment ...

    James’s Answer

    The judge has a lot of discretion to grant/deny a continuance, however in Haywood County they typically try to get cases tried as soon as possible which translates into less continuances for both the State and the Defense. You should talk to an experienced DWI attorney in the area to get some ideas on how to proceed.

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  • My niece was with some friends in a target store, The friends stole she didnt. The friends ran but she was stopped beacuse

    she was with them, Loss prevention saw on camera that she did not take anything but because she would not tell the names of her friends she was charged with larceny is that legal?

    James’s Answer

    There are a lot of options for handling this type of case in Buncombe County from trying the case, to handling through a deferred prosecution or nuisance court. She should seek legal advice before handling her case.

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  • Can you beat a dwi charge with a good lawyer, if you have 0.00 restrictions on your license and you blow a .06?

    And you did'nt blow a .08 or more?

    James’s Answer

    Certainly sounds like a good one to fight, but a more extensive conversation needs to be had with an experienced dwi lawyer.

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  • I was charged with dwi I'm 45 and had a dwi when I wa18 only had a speeding ticket and a seat belt chage since then what I'm at

    For fines

    James’s Answer

    I agree with the previous answer. DWI is one of the most complex areas of law in NC. Talk to an experienced lawyer to come up with a game plan for handling your case.

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  • How many times/how long can a DUI cases be continued in the state of NC? Do I need my assessment before the court date?

    It has been continued since last January (2014)

    James’s Answer

    In Buncombe County DUI cases are routinely continued over two years. If a judge denies a continuance and the case has been pending for less than two years from the charge date, the district attorneys office will dismiss the case (if not ready to proceed) and recharge. They can use this mechanism to avoid a dismissal up to two years from the original charge date.

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