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 my Drivers Licenses back, can this be done with a good lawyer pretty easy, Money is not a problem, please advise
I doubt it will be difficult to get the DWI dismissed, but the problem is going to be the willful failure to appear. That could cause you to lose your license (or continue the suspension). Use Avvo to find an experienced criminal defense attorney in the jurisdiction where your charges were initiated. Best of luck!
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
Depending where you were charged, the matter will have to go to court (and in many NC Counties you may have to plead guilty.) Thenthere will be a number of things you must do after that to get your license. Glad to read for you, unlike most of us, that money is no object. However we are all on equal footing when it comes to time and your relicrnsure may not happen quite as swiftly as you might desire. Please consult an attorney ASAP and good luck
The ease of handling this will probably depend on the county where the case took place. It is probably going to be hard to convict you after 30 years, but they may not be willing to simply dismiss the case. More likely they are going to try to prosecute you for some other offense such as Failure to Appear for an Implied Consent Offense; a conviction of that would prevent you from getting your license back for at least another year (though that is probably still better than never getting it back).
As you say, the first step is to retain a lawyer in the county where you were charged, and they can give you more specific advice as to how best to handle the situation and what your options might be. At the end of the day I think this will not be quite as easy as you imply, but also not an impossible problem to solve. Good luck!
No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.
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
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law.
No guarantees of easy but it will be resolved. Contact local DUI attorneys and get this off your back.
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