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Fayetteville DWI Lawyers

1. Hogan Kimry: Misdemeanor Offenses Felony Offenses Drug Offenses Homicide, Assault, Violent Crimes Sex Crimes White Collar Crimes Domestic Violence Driving While Impaired Traffic Tickets Driving While License Revoked General Litigation Matters
2. Miller, Clouse & Illikainen: * Make sure that the authorities followed textbook procedures during your arrest * Make sure the state follows the burden of proof * Ask the right questions and advocate for you throughout the proceedings Penalties for misdemeanor DWI/DUI are serious. In addition to a fine, you could lose driving privileges for up to 60 days. Your insurance rates could skyrocket, and you could also be required to pay for and attend an alcohol addiction assessment, alcohol education classes and mandatory treatment.
3. Edwards, Greg: Traffic Violations There is no such thing as Òjust a traffic ticket.Ó Serious traffic violations are criminal offenses. In many cases, what a driver thought was Òjust a traffic ticketÓ can turn very quickly into a nightmare. Many serious traffic offenses can lead to jail time, in addition to substantial monetary fines. If alcohol is involved, the penalties may be even more severe. The nightmare does not stop with the courtÕs sentence: you should be aware that conviction of a serious traffic offense may result in a substantial increase in your motor vehicle insurance premium. The increased premium could stay with you for a number of years. In some cases, your coverage may be cancelled completely. It is easy to see how a single mistake, or a lapse in judgment, can continue to haunt a person for years. If you are charged with a serious traffic offense, you need experienced, capable legal representation.
4. Tally & Tally: Criminal Defense - Speeding Tickets - Assault Charges - Domestic Violence
5. Miller, King & Clouse: # Family Law Overview # Divorce / Equitable Distribution # Child Custody # Criminal Law Overview # Felonies / DWI / Misdemeanors / Traffic Citations # Personal Injury & Medical Malpractice # Military Law # For Military Clients # Military Family Law # Immigration Law # Family Immigration # Social Security Disability # Real Estate
6. George, Tyran: Traffic Tickets Misdeameanors DWI Felonies
7. Beaver Holt Sternlicht & Courie: After being charged with DWI, you might think that you have no legal options except to accept the prosecutor's plea arrangement and pay the penalties. The truth is that an experienced DWI defense attorney can help you avoid the worst of the serious penalties that can result from a guilty plea. It is important to remember that you are considered innocent until proven guilty. That means that the right DUI lawyer can use effective strategies to suppress evidence, challenge probable cause, and work hard to dismiss your charges or have them changed to a non-alcohol-related offense.
8. Todd Conormon: (T)raffic violations and especially DWI can have a significant impact of your career.
9. Gregory M. Byrd: If youâve been charged with a DWI, speeding, or a serious criminal offense, you need the competent, professional representation of an attorney. Being charged with a traffic ticket or other criminal offense is a serious matter. It may affect your driving privileges and other personal liberties.
10. Ray Vallery: Facing the Criminal justice system can be a terrifying experience.
11. Bryce Neier: It is essential that you hire an experienced North Carolina DWI attorney to help prevent a drunk driving conviction. Multiple convictions of DWI/DUI within certain time frames can result in mandatory jail sentences and in some cases permanent revocation of your driving privilege in North Carolina. Therefore it is important to let our Fayetteville, North Carolina attorneys fight your DWI / DUI charge.
12. Smith & Dickey: Concerns about issues from incarceration to loss of driving privileges and insurance increases often cause unnecessary stress and confusion. Many people never have any involvement with the court system prior to being charged with an offense such as driving while impaired. It is extremely important to retain a qualified attorney as soon as possible after being charged, in order to protect your rights and to navigate the complexities of ever-changing laws and regulations.
13. Godwin & Olivera: In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.00. The most significant aspects of the state's new DWI law make punishment more severe for the impaired driver in general and the repeat offender in particular. For offenders who fall into one of the five levels of misdemeanor DWI, Level I being the most serious and Level V the least, the likelihood of spending time in jail has increased.
14. MacRae & Perry: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving while impaired. A conviction of DWI charges will result in fines, the revocation or suspension of you driver's license, and possible jail time.
15. Mitchell, Brewer, Richardson, Adams, Burge & Boughman: Driving While Impaired (DWI) cases are serious matters which require experienced and capable trial lawyers. Under North Carolina law a conviction of DWI has very serious consequences including a potential for confinement in jail (in some instances a jail sentence may be mandatory unless a proper defense is successfully presented), and involves a loss of license and other penalties.
16. Herzog Law Firm: Unlike the chemical test, where refusal to submit may have serious consequences, you probably are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests simply provide additional evidence and the suspect inevitably "fails" the FST. Thus, in most cases a polite refusal "until I may speak with an attorney" may be appropriate. Obviously if you appear drunk in a videotaped FST it will not impress the judge or jury.
17. Gregory Byrd: In North Carolina, Driving While impaired (DWI) is an especially serious offense. North Carolina has some of the most severe penalties for driving while impaired in the entire country! A conviction under the existing DWI laws can carry up to two years in prison. Additional penalties can include loss of driving privileges and up to $4,000.00 in fines. Given these potential consequences, it is critical that you have the immediate assistance of an attorney who has the knowledge, experience and skill to adequately represent you. I have tried hundreds of DWI cases and my success rate is outstanding. I am prepared to do whatever it takes to be your attorney and maximize your legal situation. My fees for representation begin at $1,500.00 for a first time offender. Q. WHAT IS "DRIVING WHILE IMPAIRED"? A. Driving While Impaired (DWI), sometimes called ÒDrunk DrivingÓ or ÒDriving Under the InfluenceÓ (DUI), has two meanings: 1. Operating a motor vehicle on a public street or highway or public vehicular area (such as a public parking lot) with a Blood Alcohol Content (BAC) of 0.08% or above. (You may be considered "legally impaired" even though you do not "feel", ÒlookÓ or ÒactÓ drunk if your blood alcohol content is .08% (or above) within Òany relevant timeÓ after operating a motor vehicle on a street or highway or public vehicular area in the state of North Carolina); or, 2. Operating a motor vehicle while alcohol, drugs (including prescription and Òover-the-counterÓ drugs), or a combination of drugs and alcohol impair your mental and/or physical abilities, even though your Blood Alcohol Content (BAC) does NOT rise to 0.08%. Back to INDEX Q. WHY ARE DWI LAWS SO VIGOROUSLY ENFORCED? A. There are tremendous political and societal pressures to "do something" about Òdrunk driversÓ. In 1997, according to the United States Department of Transportation there were 16,189 alcohol-related traffic deaths, representing 38.6% of all such traffic deaths. As a result it is the policy of the Cumberland County District AttorneyÕs Office NOT to plea bargain with ANY person accused of DWI whose BAC is 0.08% or over. Back to INDEX Q. WHAT DO POLICE OFFICERS LOOK FOR WHEN SEARCHING FOR DRUNK DRIVERS ON THE HIGHWAYS? A. The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration: 1. Turning with a wide radius; 2. Straddling center of lane marker; 3. "Appearing to be drunk"; 4. Almost striking object or vehicle; 5. Weaving; 6. Driving on other than designated highway; 7. Swerving; 8. Speed more than 10 mph below limit; 9. Stopping without cause in traffic lane; 10. Following too closely; 11. Drifting; 12. Tires on center or lane marker; 13. Braking erratically; 14. Driving into opposing or crossing traffic; 15. Signaling inconsistent with driving actions; 16. Slow response to traffic signals; 17. Stopping inappropriately (other than in lane); 18. Turning abruptly or illegally; 19. Accelerating or decelerating rapidly; 20. Headlights off. Speeding, incidentally, is not necessarily a symptom of DWI. Back to INDEX Q. BUT I WAS STOPPED FOR A BAD TAILLIGHT, IS THAT ENOUGH? A. The original cause for the officer's stopping you need not be related to driving under the influence. Routine detentions for equipment and registration compliance, such as cracked windshield, inoperative taillight, headlights not turned on, and so forth, maneuvering and parking violations, and many other reasons have been held by the courts to constitute sufficient cause. Back to INDEX Q. WHAT IS THE OFFICER LOOKING FOR DURING THE INITIAL DETENTION AT THE SCENE? A. The traditional symptoms of intoxication taught at the police academies are: 1. Flushed face; 2. Red, watery, glassy and/or bloodshot eyes; 3. Odor of alcohol on breath; 4. Slurred speech; 5. Fumbling with wallet trying to get license; 6. Failure to comprehend the officer's questions; 7. Staggering when exiting vehicle; 8. Swaying/instability on feet; 9. Leaning on car for support; 10. Combative, argumentative, jovial or other "inappropriate" attitude; 11. Soiled, rumpled, disorderly clothing; 12. Stumbling while walking; 13. Disorientation as to time and place; 14. Inability to follow directions. Back to INDEX Q. IF IÕM STOPPED BY A POLICE OFFICER AND HE/SHE ASKS ME IF IÕVE BEEN DRINKING, WHAT SHOULD I SAY? A. You are not required to answer potentially incriminating questions. There are basically two acceptable alternatives, each with its own potential consequences. One approach would be simply to ask, "Why are you stopping me, Officer?Ó even if it is at a sobriety checkpoint. When the officer asks, "Have you had anything to drink this evening?Ó simply say, "Officer, I do not wish to be delayed. Please do not delay me. I want to drive home". If the officer has no other basis to ask you out of the car, you will be on your way. A polite, "I would like to speak with an attorney before I answer any questions", is also an appropriate reply. If you start with that answer, we suggest that you keep on giving that answer until you have consulted with an attorney. Back to INDEX Q. WHAT TESTS CAN THE OFFICER ASK ME TO PERFORM? A. Generally, the officer who stops you will ask you to perform two types of tests ÒField sobriety Tests" (FSTs) and ÒChemical TestsÓ (Intoxilyzers, Breathalyzers, Blood, Urine etc.) If the police officer observes some evidence of alcohol usage, he/she may ask you to perform a series of "field sobriety tests" (FSTs). Typically, these tests measure your physical dexterity or mental acuity. Most officers will use a set battery of three to five of the following tests: 1. Recite the alphabet; 2. Count backwards; 3. Line-walking; 4. Finger-to-nose; 5. Heel-to-toe; 6. Balancing one foot at a time; 7. Fingers-to-thumb; 8. Hand pat; 9. Bending forward and backward with your eyes closed If you have chronic physical problems or physical limitations, have difficulty with your balance, walking, etc., it would be wise to inform the officer prior to taking the tests. Also, in many localities the police routinely videotape all stops. If so, the FST may also be videotaped. Back to INDEX Q. CAN I REFUSE TO TAKE FIELD SOBRIETY TESTS? A. Unlike the chemical test, where refusal to submit may have serious consequences, you probably are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests simply provide additional evidence and the suspect inevitably "fails" the FST. Thus, in most cases a polite refusal "until I may speak with an attorney" may be appropriate. Obviously if you appear drunk in a videotaped FST it will not impress the judge or jury. Back to INDEX Q. WHAT KIND OF EVIDENCE DOES AN OFFICER NEED TO ARREST A MOTORIST SUSPECTED OF "DRUNK DRIVING"? A. Generally speaking, there are three kinds of evidence that a police officer will consider and gather in the investigation: 1. Gross observations of behavior in general; 2. Specific observations of behavior ("field sobriety tests"); and 3. Chemical test results of the motorist's blood, breath or urine. A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has "probable cause" or "reasonable cause" to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven "beyond a reasonable doubt." Although this is a high standard, it is met every day in courts all over the country. Back to INDEX Q. THE OFFICER NEVER GAVE ME A MIRANDA WARNING. CAN I GET MY CASE DISMISSED? A. No. The officer is supposed to give a warning of your right to remain silent and tell you that anything you say may be used against you in a court of law (your 5th Amendment rights) and that you have a right to consult an attorney, and if you can not afford one you have a right to have a lawyer appointed for you (your 6th Amendment rights) after s/he arrests you. Sometimes officers do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law, that is, your legal obligation to take a chemical test and the results if you refuse. This can impact the suspension of your license. Back to INDEX Q. YOU MENTIONED ÒCHEMICAL TESTINGÓ SEVERAL TIMES, WHATÕS THAT ALL ABOUT? A. In Cumberland County, generally, you may be offered two types of chemical tests by law enforcement officers: the Alco-Sensor and the Intoxilyzer 5000. The Alco-Sensor is a preliminary breath test given by officers (primarily NC State Highway Patrolmen) to suspected Òdrunk driversÓ. The results may provide Òprobable causeÓ for an arrest but are not, at this time, admissible into evidence against a suspect. The Intoxilyzer 5000 is a Ònew and improved modelÓ of the old ÒBreathalyzerÓ. It is said to determine blood alcohol level by measuring the amount of alcohol in your breath. You must submit upon the request of the arresting officer to this test (and perform it twice) after being placed under arrest for DWI in North Carolina. Only the lower of the two readings is admissible against you in court. A driver in North Carolina also has the right to ask for a blood test, which is generally considered to be more accurate than breath test; however, the driver must arrange for the blood test himself (i.e. getting the doctor or nurse to the station to draw the blood), although law enforcement officers must allow the driver access to a telephone for this purpose. Back to INDEX Q. WHAT HAPPENS IF I REFUSE THE INTOXILYZER 5000 (BREATH-ALCOHOL TESTING)? A. You cannot be forced to take the Intoxilyzer 5000 or any other breath test, but refusing can result in at least two very harsh consequences. Generally, there are two adverse results: 1. Your driver's license will be suspended for twelve months. This is true even if you are found not guilty of the DWI charge. 2. The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal. Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing. Back to INDEX Q. I BLEW AN 0.08 ON THE INTOXILYZER 5000 AFTER MY ARREST AND THE MAGISTRATE TOOK MY LICENSE, HOW AND WHEN CAN I GET IT BACK? A. North Carolina law requires the booking Magistrate to revoke the license of all drivers arrested for DWI who have a Blood Alcohol Content of .08% within Òany relevant timeÓ after driving for thirty (30) days. Under certain circumstances this may be shortened to 10 days, but this almost always requires the help of an experienced attorney. After thirty days have passed, a person charged with DWI in North Carolina may retrieve his or her license by going to the county court house and paying a $50.00 dollar restoration fee. His or her license is then restored until such time it is revoked for some other reason (such as being found guilty at trial of DWI), provided s/he did not refuse to take the chemical test to determine Blood Alcohol Content (BAC) required by the arresting officer. Back to INDEX Q. WHAT ARE SOME OF THE DEFENSES IN A DWI CASE? There are a number of potential defenses that can be raised in a given drunk driving case. Roughly speaking, however, the majority can be broken down into the following areas: 1. "He wasnÕt driving". Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to you being the driver of the vehicle. Most drivers quickly admit they were driving, although they had the right to remain silent. 2. Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. 3. Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. 4. Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect the admissibility of the test results -- as well as the license suspension imposed by the motor vehicle department. 5. ÒImpairmentÓ. The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Witnesses can testify that you appeared to be sober. 6. Blood-alcohol concentration. There exists a wide range of potential problems with breath testing. 7. Regulation of blood-alcohol testing. If challenged, the prosecution must prove that the breath tests complied with state requirements as to calibration, maintenance, etc. 8. License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles. Back to INDEX Q. WHAT IS THE PUNISHMENT FOR DRIVING WHILE IMPAIRED? This varies according to the CIRCUMSTANCES OF EACH INDIVIDUALÕS CASE. A person convicted of DWI in NC may receive up to TWO YEARS active imprisonment in state prison. Generally speaking, a conviction for a first offense will involve a suspended jail sentence, a fine, court costs, community service, and a license suspension for a period of one year and, attendance at a DWI education course. In North Carolina jail or prison sentences are required if certain AGGRAVATING FACTORS appear in a case. Back to INDEX Q. WHAT ARE SOME ÒAGGRAVATING FACTORSÓ REQUIRING A JAIL OR PRISON SENTENCE? 1. The driver has one or more convictions for DWI within seven years of the present offense. 2. The driver was driving while his license was in a state of revocation for a previous DWI. 3. A person under the age of 16 was in the car at the time of the offense. 4. The driver caused serious injury to another person. A death during a DWI accident can trigger Manslaughter or Second Degree Murder charges in North Carolina. Back to INDEX Q. IF I AM CONVICTED OF "DWI", CAN MY INSURANCE COMPANY RAISE MY AUTO INSURANCE RATES? A. Absolutely. A conviction for DWI will add 12 points to your insurance record and result in a 400% increase in your insurance rates. Back to INDEX Q. IF I AM CONVICTED OF DWI AND MY LICENSE IS SUSPENDED, HOW AM I GOING TO GET TO WORK? A. If you have no convictions for DWI within seven years of your arrest, and meet several other legal requirements, you may be eligible for a LIMITED DRIVING PRIVILEGE. The judge who convicts you may issue a Limited Driving Privilege, which will allow you to get to and from work - and drive for several other extremely limited purposes. Because the requirements for the issuance of a Limited Permit are stringent and technical in North Carolina, a layman generally requires the help of an experienced attorney in obtaining one. Back to INDEX Q. DO I NEED A LAWYER OR CAN I REPRESENT MYSELF? A. You can represent yourself -- although it is a terrible idea. ItÕs sort of like a doctor doing an appendectomy on himself. As you can see, the topic of ÒDriving While ImpairedÓ or "Drunk Driving" is a very complex field - with the possibility of very harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative law issues involved in almost every DWI case. A qualified attorney, however, can review your case for defects, put forward the BEST possible defense based on the facts of your particular case, and if convicted obtain for you the lowest possible sentence and a Limited Driving Privilege (if you are qualified for one). You should note that a qualified, licensed lawyer will represent the State of North Carolina from the Office of the District Attorney. If the State feels as though it needs to be represented, shouldnÕt you?