James Whitfield Mcgee Jr’s Answers

James Whitfield Mcgee Jr

Wilmington DUI / DWI Attorney.

Contributor Level 7
  1. I was charged with dwi on private property

    Answered over 1 year ago.

    1. James Whitfield Mcgee Jr
    2. Fred B. Amos II
    3. Dustin R. T. Sullivan
    4. Andrew Nicholas Clifford
    5. Robert Dean Craig
    6. ···
    6 lawyer answers

    I would make sure that you take pictures of the place that your car was located. Take pictures of no trespassing signs or private property signs. If in a driveway take all kinds of pictures from outside of the driveway looking in. Hire an attorney! The officer has to prove BRD that the area is a PVA, street, or highway. John Fanney knows his stuff in Raleigh. Tell him I said hello.

    13 lawyers agreed with this answer

  2. I had 2 fails within a week on my interlock device. Should I be afraid that my temp. license will be revoked?

    Answered over 1 year ago.

    1. James Whitfield Mcgee Jr
    2. Clifton L Black
    3. Jasen Bodie Nielsen
    3 lawyer answers

    You should be concerned. I tell my clients to have a journal documenting everything they have eaten on the failed dates or have put into their mouth, such as cigarettes. I would hire a lawyer who can get a copy of all the readings that are downloaded from your device. You will get a letter from DMV that is time sensitive in which you need to request a hearing ASAP. I have had clients fail from eating a cliff bar to a hamburger. If it is a morning fail find out if it is something dental...

    7 lawyers agreed with this answer

  3. Can I ask for a Prayer for Judgement if I've already had my case continued twice?

    Answered over 1 year ago.

    1. James Whitfield Mcgee Jr
    2. Parker Evans Moore
    3. Dustin R. T. Sullivan
    3 lawyer answers

    Call Jim Swisher in Greensboro. Your ultimate goal is to preserve your record and you need to get a deferred prosecution. A PJC stays on your record. Most district courts will give you a six or twelve month deferred prosecution where the state will take a dismissal based on successful completion of certain conditions.

    4 lawyers agreed with this answer

  4. I got charged with 3 felonies that had to do with selling marijuana. PWIMD, maintain a dwelling, and felony possession.

    Answered over 1 year ago.

    1. James Whitfield Mcgee Jr
    2. Dustin R. T. Sullivan
    3. Matthew Vernon Silva
    3 lawyer answers

    You need to hire an attorney. A good attorney may be able to negotiate a plea to a conditional discharge or a 90-96. You will most likely be subject to probation, drug classes, and community service. Call Matt davenport and tell him I said hello.

    4 lawyers agreed with this answer

  5. I am wondering if i blew a .11 on a breathalyzer if i can fight it in court and win, and if any loop holes exist.

    Answered over 2 years ago.

    1. James Whitfield Mcgee Jr
    2. F. "Bill" William Powers
    3. Gregory David Spink
    3 lawyer answers

    You must have been pulled over for an expired registration or perhaps the plate was suspended for an insurance lapse. A dwi is complicated you need to speak to an attorney as soon as possible. The lawyer you hire could contest the stop, arrest, and many more issues. Be sure to hire an attorney who regularly defends dwi cases.

    4 lawyers agreed with this answer

  6. Got a speeding ticket on I 95,my first speeding ticket,what steps should i take to pay for it without appearing in court?plz hlp

    Answered over 2 years ago.

    1. James Whitfield Mcgee Jr
    2. Kurt Robert Willems
    3. Carol Huffman Kendrick
    3 lawyer answers

    If you plead guilty to 87 in a 70 your license will be suspended for 30 days. The speed you were traveling requires a mandatory appearance unless you hire an attorney. If you are a NC licensee your attorney can get you a pjc or improper equipment to spare you license points. I strongly suggest that you hire an attorney. If you are from out of state a pjc may not be recognized by your state. Make sure you hire an experienced attorney that will look at your record. Be honest with your...

    Selected as best answer

  7. First time offense marijuana possession charge, what can I do?

    Answered over 2 years ago.

    1. James Whitfield Mcgee Jr
    2. Jimmie David Gentle
    3. Andrew Terence Hibbert
    4. Benjamin J Lieberman
    4 lawyer answers

    In NC you are eligible for a 90-96 or deferred prosecution for a first offense. Typically, you will have conditions laid out by the prosecutor such as drug classes, fines, court costs, and some community service. As a condition of the 90-96 you must stay out of trouble. The prosecutor will take a voluntary dismissal of your offense if you satisfactorily comply with the terms and conditions. Hire an experienced attorney, a drug conviction could cost you future employment opportunities.

    3 lawyers agreed with this answer

  8. Got caught shoplifting beer and water at walmart and i am under 21, what should i expect in court

    Answered over 2 years ago.

    1. James Whitfield Mcgee Jr
    2. Benjamin J Lieberman
    2 lawyer answers

    In New Hanover county if you have never had a Criminal conviction amd have never been put on probation you would qualify for a deferred prosecution. Your attorney and the prosecutor would come to terms that you would have to successfully complete to get a voluntary dismissal of your case. I highly recommend that you hire an attorney. A larceny conviction on your record could have huge consequences in getting into school or certain jobs. If you successfully complete the deferred prosecution,...

    2 lawyers agreed with this answer

  9. Is there a fine for a moving violation ticket ?

    Answered over 2 years ago.

    1. Anthony James Cuticchia Jr.
    2. Richard Sandford Parrotte
    3. James Whitfield Mcgee Jr
    3 lawyer answers

    You really need to call your insurance carrier to get proof that your insurance company is going to pay for the damages or a letter that a claim has not been filed against you. I recommend that you hire a lawyer. A lawyer can help you get a dismissal of your case. A moving violation could get you points on your license and skyrocket your insurance costs.

    1 lawyer agreed with this answer

  10. How many times can a criminal case be continued?

    Answered over 2 years ago.

    1. Frank Mascagni III
    2. James Whitfield Mcgee Jr
    3. Anthony James Cuticchia Jr.
    3 lawyer answers

    Typically, in our district, I make the District Attorney make a motion to continue the case in front of the Judge. I will object to a continuance by the State and inform the Judge if my client has taken off work, come from out of town, etc. The Judge usually will want to view the subpoena to make sure that the witness was actually subpoenaed. There is case law out there that states that if the Judge denies the state's continuance and the case is dismissed, then the state can still try and...

    1 lawyer agreed with this answer