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Matthew Damon Byerley

Matthew Byerley’s Answers

10 total

  • Can I move my court date up ?

    Matthew’s Answer

    If you have an attorney, ask them. If you do not have an attorney for a pending DWI, get one. Attorneys are very helpful in navigating the waters of a DWI. Also, your attorney could possibly get you a limited driving privilege, or tell you how to get your license reinstated while your case is pending.

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  • How should I handle a speeding ticket 14mph over

    Matthew’s Answer

    Never just pay a ticket off. Always speak with an attorney who practices in criminal law/traffic offenses to guide you through any ticket. There are strategic reasons to use/not use a PJC. With your speed, an Improper Equipment would be the likely outcome. Yes, the court cost is a little more expensive, but you would rather pay a little more now than potentially have your insurance go up for 3 years for a 14 over. Speak with a local traffic attorney and they will give you your best options.

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  • How will new charges effect my probation?

    Matthew’s Answer

    The laws have changed regarding when and if your probation can be revoked. In NC, there are three ways that your probation can be revoked: 1) Abscond (statutory absconding only; other absconding, i.e., failing to stay within the district, etc., can only result in a CRV); 2) Two prior Confinement in Response to Violation (CRV) and then a third probation violation; 3) New conviction. There is/are some thoughts on whether picking up a new "charge" is a revocable violation, but if the new charge is all you have as a violation, I don't think that you are subject to revocation. So, with that, if you have no other violations (unpaid monies, missed office visits, non-completion of TASC, etc.) other than the new charge, a lot of probation officers wait and see what the outcome of the charge will be before acting. As it stands right now, you could be susceptible to a CRV. Speak with a local attorney to weigh your options.

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  • Will i lose my license/face jail time?

    Matthew’s Answer

    You need to speak with an attorney before going to court. There are ways to get the speed reduced in order to save your license. A local attorney in Raleigh could help you resolve this matter. This case is definitely not hopeless.

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  • Can I be charged for DUI in NC that I received in 2013

    Matthew’s Answer

    As a DWI is a misdemeanor in NC, there is a 2-year statute of limitations for the State to bring the "charge" against you. If the charge has been brought, as you have stated it is, then the charge will stay until it is disposed. If for some reason on your next court date your attorney is ready to proceed, but an officer is not there, etc., and the Judge denies the States motion to continue, then the matter could be dismissed. At that time, if the date of offense was more than 2-years ago, then the statute of limitations argument comes into play and the State would be unable to bring the DWI (from that date) back against you.

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  • How does eviction work

    Matthew’s Answer

    One of the ways to avoid a summary ejectment, if the reason for the eviction is failing to pay rent, is to cure your default. By that, if you tender full payment of all unpaid rent to your landlord prior to the court date, that is a defense to a summary ejectment being issued against you. Also, if you have already been to court and a judgment for summary ejectment has been awarded by a magistrate, you have 10 days to appeal said judgment. Speak with a local attorney and make sure you take your contract and inform them of any money owed and/or any pleadings or court proceedings that may have taken place or are scheduled.

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  • Jail time/license revocation for speeding?

    Matthew’s Answer

    Being that it is 27 over, you are lucky that the officer did not charge you with Reckless Driving, as well. Also, because it is a 27 over, you need to speak with a local attorney to carve out your options. With that speed, you would not be eligible for a PJC. However, your attorney may be able to negotiate your speed down in order for your to obtain a PJC. Do not wait to speak with a local counsel. They will be able to guide you through this matter.

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  • What are my limits within North Carolina state eviction laws?

    Matthew’s Answer

    Never change the locks on your tenant. If your tenant is behind on rent, grounds for summary ejectment exist. By you giving them a 30 day notice, you actually gave them more time than the statute requires. For non-payment of rent, a 10 day notice is all that is needed. After the 10 days has passed, and the tenant has not cured the default, you may be able to issue the summary ejectment proceeding against your tenant. Make sure before you seek legal recourse you speak with a Landlord/Tenant attorney in your area.

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  • Will I be able to get a Prayer for Judgement for my first and only underage drinking charge?

    Matthew’s Answer

    If you are looking to get this matter expunged, then a PJC is not for you. A PJC is a conviction and said conviction will stay on your record. There are programs out their which could afford you the opportunity to get this charge dismissed outright. I would recommend researching a local attorney in Greensboro, making an appointment with them and exploring your options.

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  • Looking for a dui attorney in hickory

    Matthew’s Answer

    Interesting scenario. Did you miss your court date from 2004, and recently served with the Order for Arrest, or has it just been continued for that long? I would be interested in discussing your case further with you.

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