Got speeding ticket G.S. 20-141(B) .... operating at a speed in excess of 35mph inside municipal corporate limits
While it would help to look at citation to confirm, officers sometimes list or otherwise code what type of speed detection device is used:
L for Laser or Lidar
V for VASCAR
P for Pace
R for Radar
Not sure about the "S."
VASCAR Visual Average Speed Computer and Recorder
Some speeding tickets result from the police officer following or "pacing" a suspected speeder and using his or her own speedometer to clock the suspect's speed.
Here's some info on NC Traffic Tix:
I was arrested for intoxicated and disruptive what is the pusishment and how do they prove it.
Intoxicated and Disruptive cases in NC are somewhat odd. "Intoxication" is not necessarily proven via breath or blood testing.
Indeed, a good argument can be made for Intoxication is associated with crazy things like laying down in traffic, blocking the roadways and challenging people to fights.
Indeed, the statute doesn't even mention breath testing:
14-444. Intoxicated and disruptive in public.
(a) It shall be unlawful for any person in a public place to be intoxicated and disruptive in any of the following ways:
(1) Blocking or otherwise interfering with traffic on a highway or public vehicular area, or
(2) Blocking or lying across or otherwise preventing or interfering with access to or passage across a sidewalk or entrance to a building, or
(3) Grabbing, shoving, pushing or fighting others or challenging others to fight, or
(4) Cursing or shouting at or otherwise rudely insulting others, or
(5) Begging for money or other property.
Bill PowereSee question
I never went to court because I had very rich man's wife coming by my Condo and he found and wanted me killed so I totally disappeared for 30 years but I did create a Million dollar Corporation since. The man has passed away now so I want to get m...
There is frankly no such thing as "easy" when it comes to Driving While Impaired charges. You need to speak with an EXPERIENCED DWI attorney ASAP.
Wake County has in the past taken a dim view of these types of cases. Some jurisdictions, after review of the Court file (assuming such may be accessed or found), Dismiss for inability to proceed and/or lack of evidence.
It's not usual for very old, outstanding charges to have been "Dismissed with Leave" or "VL" or Voluntary Leave to prosecute some time in the future.
Other systems will not agree to "Add On" a matter without some sort of plea. And yet other jurisdictions think it possible to prosecute, criminally, for failing to appear.
It's REALLY complicated.
The first step would be to see if there even exists a formal court file. Many jurisdictions, especially the larger ones, destroy the paper documentation / file after a period of time.
Heck, the machine used for DUI testing 30 years ago (the Smith & Wesson 900 "Breathalyzer") isn't even in service anymore and hasn't been used in North Carolina for over two decades.
Furthermore, back then the Chemical Analyst could not be the same person as the Charging Officer, which adds a level of complexity.
In searching for the original court file (what we in NC call a "shuck"), it's possible if not likely the original paper documentation has been destroyed. Prior to destruction, and given the age of the case, it's possible some sort of "duplication" was done. I'd use the term "digitalization," but that didn't even exist 30 years ago.
Such preservation format may indeed be microfilm or micro-fische. People born in the 60's and before probably know what I'm talking about.
John Fanney in Raleigh is an excellent attorney. He has been practicing in Wake County / Raleigh for 25 years or so. He's also a really nice person. I'm sure he'd know the best way to proceed and/or local protocol for such issues.
Please say "hey" if you call him.
Here's some additional information about Cleaning up Records in North Carolina:
Good question. Thanks for your inquiry and best of luck to you.
NC DWI Defense
On probation, have a felony violation and a PUBLIC DEFENDER,that i neither like or trust. Im seeing a private att. This week,do you think i am better off by doing that. It is my life were talking about here. Just sayin,ty
You always have the right to retain private legal counsel. It doesn't hurt to get a second opinion. You may indeed hear the exact same thing and/or given the same legal advice.
Here's some more information on Probation Violation issues in NC:
Hendersonville and Henderson County appears to have a Public Defender's Office. If memory serves, they also occasionally farm cases out to private attorneys whom accept "appointed" cases for representation.
Here is their contact info:
Best advice is to call you lawyer, set up a face-to-face appointment, and share your concerns. Lawyers really do want to help people.
While often very busy, Public Defenders are notoriously hard-working, compassionate attorneys whom love their clients.
If you remain unsatisfied, I've seen John Marchiano at work in Henderson County. He's a really good lawyer.
Please say "hey" if you speak to him.
I was accident,You know before we got green light we stopped than when we both got green light than I was try to right turn but the person I hit to he going to straight so that's why I got tickets please help me what To do
Each jurisdiction has different practices and protocols. In Charlotte, assuming it was only a minor violation, we are sometimes able to negotiate a dismissal with proof the claims be covered / paid by insurance.
That is by no means guaranteed. A LOT depends on local practice and the preferences of the prosecuting attorney's office.
Here's some general info on Traffic Tickets in NC:
Mark Chesnutt is a great lawyer and super nice attorney down there in New Bern. He's also a buddy. You may want to give him a ring. Please say "hey" if you do:
Bill PowersSee question
The charges were in SC. I considered expungement, but because there are 4 charges, there is really no point, since only one charge can be expunged.
You need to talk to a Criminal Defense Lawyer in South Carolina. It would help to consult with someone experienced with Expunction Law.
In North Carolina, it is possible for multiple charges to be expunged at the same time; but, that is subject to some VERY complex rules.
Sometimes people confuse being able to receive only one expunction as applying to only one charge. That is not necessarily the case here in NC. I don't know what the law is in South Carolina.
Again, since it took place in South Carolina, someone down there would know whether you're even eligible.
Here is some information about the law in NORTH CAROLINA:
How will they punish me. First offense
Punishment assumes a conviction. . .which may not be necessary.
Many jurisdictions have options available to avoid a criminal record.
Given the long-term consequences of a criminal record, it makes sense to talk to an attorney ASAP.
Here's some info on Underage Possession cases in North Carolina:
Give John Fanney a ring in Raleigh. He's excellent. Please say "hey" if you speak to him.
my son attempted to steal a toy from store. loss prevention said because he was a minor there would be no charges file against him. so why did I get a letter from an attorney saying I owe 150.00 to the attorney office. before leaving the store I o...
Rarely does it make sense to pay those "restocking fees," especially if there was no damage and the property was recovered.
I personally have never seen one enforced or suit filed; but, that technically is a possibility.
Obviously each case is different and there is a possibility for a small claims action. Makes sense to talk to a Raleigh lawyer familiar with local protocols.
There is a specific statute in North Carolina pertaining to larceny and shoplifting charges, but this does not appear risen to the level of criminal charges.
John Fanney in Raleigh is excellent. Please say "hey" if you speak to him.
If a friend who is over 21 but living with his parents and is listed as a tenant invites you over, but his parents who are only there on some weekends tells you to leave but your friend says you can stay, is it trespassing if you stay?
WOW, that's a really good question. Reminds me of a law school exam.
At the same time, while it is interesting from an intellectual basis, it just is not worth taking the chance.
The best answer, which is the more conservative approach, is to simply stay away from the house.
Had someone already been charged, which does not seem to be the case, it certainly would present an interesting defense.
That could be true irrespective of whom actually pays the mortgage or rent. Not sure how that would come out at trial.
FABO question though. One of the best I've seen on AVVO in a while!
Called me outside to fight and said people like you is why I hate this job. Called me out my name alot told me she was going to Woop my butt in front I've everyone. I did not cuss I asked her why she was doing this to me and I told her I was recor...
Not sure this is technically a criminal defense case. May be something more appropriately addressed with either the senior leadership of the church and possibly a Magistrate in Guilford County NC.
bill powersSee question