You need to hire a criminal defense attorney in your area to represent you. Your attorney will review the charging documents and the facts with you. Good luck.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
If this is the case, your attorney will have a much stronger case to utilize. Do not try and handle this on your own. Contact a local DWI defense attorney quickly. It will be well worth the investment! Good luck!
Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
private property and public property are treated the same---meaning law enforcement has the power to do as is needed w/in the realm of certain offenses (e.g. criminal offenses or other acts that can be deemed to put the public at risk (DUI)). Get a GOOD atty as the downside of not using one is just plain terrible (in most cases).
Legal Disclaimer: Richard W. Beck is licensed to practice law in Colorado. His answers are for general information and no Answer or Comment shall be deemed to create an attorney-client relationship or create any right of confidentiality. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult an appropriate attorney in your jurisdiction and who is familiar with your specific facts and all of the circumstances as there is likely a time limit related to the question that could expire at any time and you would lose any rights you had.IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
Private property may not mean a lot in regard to a DWI in North Carolina. For example, private drive ways and parking lots may still be seen as a public vehicular area, and thus you could be charged. Still the fact you cite is very important. Raleigh has some excellent DWI attorneys. Seek some referrals, and hire an attorney experienced in DWI cases. It will make a tremendous difference in your case. Good luck.
This AVVO answer is for general proposes only. Although the response is provided to the specific question, there are probably other facts and law relevant to the issue presented in your question. You should not base any decision on this answer without first consulting your attorney. By accepting this answer, you acknowledge, that no attorney-client relationship has been established. Please seek the advice of an attorney without delay to discuss the particular aspects of the case, including the factual and historical background. Note also, that there in no attorney-client privilege or work product protection to this communication. Finally note that you must not talk about the facts of your case with anyone other than your attorney. I am licensed only in North Carolina, and no other state. Thus nothing I say here, can be interpreted as advice regarding the laws of any other state. Thank you for your cooperation, and good luck.
More information is certainly needed. Based on the information provided, I see a few issues that an experienced DWI attorney can use in your defense. I think everyone has suggested that you consult with an attorney to evaluate your case. He or she will know the proper questions to ask regarding the private property issue and whether or not the State may be able to prove driving and/or relevant time. Good luck?