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..
One of the elements the State has to prove in order to convict you of DWI in North Carolina is that you drove upon "any highway, any street, or any public vehicular area." You state that you were charged on private property. That does not necessarily mean that you did not drive as stated above. However, the State must prove its case beyond a reasonable doubt. In any event, you need to hire a DWI defense attorney, go over all the facts, and let the attorney assess your case. Good luck to you.
<a href="http://www.amoslawnc.com">Fred Amos</a> provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for <a href="http://www.dwidefenseraleigh.com">DWI's</a>. Call 919-803-7208.
I would make sure that you take pictures of the place that your car was located. Take pictures of no trespassing signs or private property signs. If in a driveway take all kinds of pictures from outside of the driveway looking in. Hire an attorney! The officer has to prove BRD that the area is a PVA, street, or highway. John Fanney knows his stuff in Raleigh. Tell him I said hello.
Obviously, we need to know a bit more information before we can give a realistic outlook on the case. That said, I think this case is going to be heavily driven by some very specific facts. Mr. McGee has the right idea with taking pictures of the scene and gathering all that information for a meeting with an attorney. DWI law is tricky to say the least - you definitely need to hire counsel. Good luck.
You should immediately hire a lawyer. As a practical matter I have heard clients say I was arrested for a DWI in my driveway or on a private road while failing to mention that a little while prior to the stop they were actually driving on a public road, etc. and that the driving was seen by the officer. In any event, DWI cases are serious matters and will require you to hire an experience defense attorney in your area.