Archived
Is it standard procedure or more likelly to dismiss a dui if blood results havn't come back after a year?
Damon's answer
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Answered on November 17, 2012
I believe you asked this question elsewhere. It would depend on the evidence the state has with respect to the appreciable impairment. The state...
Archived
I just received a second Dui charge in n.c. while on unsupervised probation.what kind of penalty am I looking at ???
Damon's answer
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Answered on November 17, 2012
It depends on how many grossly aggravating factors. You probably have at least two grossly aggravators - DWLR from a prior DWI and a prior DWI...
Do I still have to have an Ignition Interlock Device in NC to get my license if it was ordered by Florida over 2yrs ago?
Damon's answer
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Answered on November 17, 2012
As I understand it, this is a Florida DWI. If so, you should confirm that you are in compliance with Florida's interlock requirements. In NC, we...
Archived
In Iredell county NC how do I petition the court to lift a No Contact order that the judge imposed.
Damon's answer
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Answered on November 17, 2012
If this is a no contact order as part of a pre-trial release conditions, and you are the victim, you can talk to the DA or the DA's assistant about...
Archived
In a petty domestic violence case is it legal to serve the suspect's summons to the supposed victim?
Damon's answer
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Answered on November 17, 2012
I suppose you mean subpoena. If you are represented by a lawyer, your lawyer can subpoena in NC. Your the judge can issue a subpoena. Typically,...
Archived
Will I receive probation?
Damon's answer
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Answered on November 17, 2012
As the other lawyers explained, you may be eligible for a deferred prosecution agreement or a 90-96 conditional discharge. It is important for you...
Archived
If a blood test has taken more than a year how likelly for the case to be dismissed
Damon's answer
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Answered on November 17, 2012
It depends on the facts of the case. If there was evidence of appreciable impairment, then the state can proceed on that prong of the DWI statute...
Archived
If someone gives you something to sell and you don't give them the money for it. Is it a criminal or civil case?
Damon's answer
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Answered on November 17, 2012
It's probably a civil case, and not criminal, unless, at the time of the exchange, you made a material misrepresentation to commit the fraud. So,...
Archived
Can a probation officer force me to do jail time or treatment for a new criminal charge without violating me?
Damon's answer
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Answered on November 17, 2012
First, the Criminal Justice Reinvestment Act does delegate additional authority to the probation officer, but does not permit the officer to...
If I had a DUI in February 1991, could I have it sealed or expunged from my record and if so, how would I accomplish this?
Damon's answer
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Answered on November 17, 2012
You can have the matter expunged in North Carolina. The North Carolina General Assembly passed a law earlier this year that goes into effect in...
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