Raleigh DUI Law | Use of 'Fake' Checkpoint Signs

So, recently in the news, I read where police officers in Cleveland, Ohio were using a ruse to try and apprehend individuals who may be driving on the road with drugs in their possession.  Having handled many kinds of Wake County Checkpoint Cases, I am aware of the restrictions the Police were operating within and how this little ploy was used to somewhat circumvent restrictions on their ability to randomly stop individuals on the road.

In this particular case, the Police Force posted signs on a busy road indicating that a drug checkpoint with drug-sniffing dogs was ahead.  The problem is, there is no such thing as a drug checkpoint.  Under restrictions placed by our courts, including the Supreme Court, there are a limited number of reasons police can randomly stop drivers for a checkpoint.  In North Carolina, the police are only permitted to utilize checkpoints to investigate for drunk drivers or to check driver's licenses. 

So, if they cannot actually set up a 'drug checkpoint' what's the point of putting up signs indicating there is one ahead?  Well, within proximity of those signs, police are staked out to see if anyone does a quick U-turn or throws something from their window, which may indicate they are scared of being caught at the checkpoint with drugs.  See, since the majority of people do not realize that 'drug checkpoints' are illegal and unconstitutional, they assume the police to be truthful with these signs and act accordingly.

Okay, so this is creative and may not run afoul of the courts precedent that the checkpoint itself is not permitted.  However, there are a couple of issues this Raleigh DWI Defense Attorney has with this approach.  First, there is something inherently wrong with the police lying to the general public.  As disconcerting as it may be to everyone, the truth is police can lie.  If they are interrogating you, they can make up facts to try and persuade you to confess.  And while I do not approve of those practices, at least it is tailored to suspects.  However, by posting false information, in the hopes that individuals will 'show their cards' is something entirely different.  I kind of look at this as 'The Boy Who Cried Wolf.'  If the public comes to not trust signs posted by the police because they could be lies, what else should the police not trust in the conduct of their police? 

My second issue with this approach is there seems to be some inherent risk of some presumed 'reasonable suspicion' based on actions the police may not like.  You see, in order to justify a stop, regardless of the circumstances, the State must have articulable reasonable suspicion in order to justify the stop.  This is related to the 4th Amendment of the U.S. Constitution which prohibits unreasonable searches and seizures (the exception, of course, are the checkpoints).  So, when the police are staked out, looking for anyone who may want to avoid the imaginary checkpoint, or who otherwise may be doing something totally unrelated to the checkpoint, could be stopped because the police are purposefully looking for actions that otherwise may not amount to reasonable suspicion of criminal activity.  As was the case with a recent driver stopped during this checkpoint.  He reported that he pulled over to the side of the road twice to check his directions and was stopped by the police.  It wasn't until the drug dog came and they searched his car did the police realize that he was not transporting drugs and was being truthful when he explained his reason for stopping.  This individual was stopped for nothing more then because safety-minded by pulling over before verifying his directions - that does NOT amount to reasonable suspicion of criminal activity.

If you are facing a Wake County DWI Charge and are in need of quality legal representation, contact us at the Matheson Law Office for your free consultation.  We will be happy to discuss your legal options and ensure your rights are preserved.

Raleigh DWI Attorney | Cost of a DWI in North Carolina

So, recently I was having a discussion with my legal assistant about how much a DWI will cost a Driver and how I believe if more people realized the cost and hassle that comes from them, less people would be willing to risk catching one of these charges.

First, let me be very clear, as a Raleigh DUI Attorney, the more serious ramifications from driving while impaired are very well known to me.  The injuries, death, and property damage that can come from an auto accident is very serious and the likelihood of said accident is compounded when introducing alcohol.  That being said, most people do not think they will get in an accident ever, so arguing that point may not be as persuasive as what it will mean to their checkbook.  So, with that cleared up, let's discuss what can be expected if you are charged and convicted of a DWI.

So, for starters, if charged with a DWI, the headaches come fast and severe.  Even in a best case scenario, a Driver can expect they will lose their license for 30 days just for having been CHARGED with a DWI.  Now, most driver's are eligible to get a Limited Driving Privilege after 10 days, but that is still 10 days of not driving just for being charged.  Additionally, the Limited Driving Privilege requires the Driver to get a Substance Abuse Assessment ($100.00), a certified copy of their driving record ($11.00)  and the Privilege itself costs $100.00.  After 30 days, the Driver can get their license back, but that also costs $100.00.  So, just for starters, at a minimum, a DWI Charge will cost at least $100.00 to get back their license, and potentially another $111.00 for the ability to drive 19 of the 30 days of suspension period.

Now, setting aside the cost of a defense attorney (this particular Raleigh DWI Attorney charges $1,500 for representation of a DWI Charge) let's discuss the absolute best outcome a driver could expect if they were convicted of the DWI (this is working on the assumption they don't fight the charge, in which case, they will definitely want a DWI attorney in their corner).  The best possible outcome for a DWI charge in Wake County, and I would assume anywhere else in the other 99 counties of North Carolina, is a Level 5.  While a friends, brothers, former boss may have a story about having it reduced to Careless and Reckless, those days have passed.  Additionally, North Carolina does not offer a 'First-Offender' DWI or a 'Low Blood/Alcohol Concentration' DWI, all DWI's are subject to the same sentencing structure whether it's your first or fifth or you have a BAC of .08 or .28. 

So, a Level 5 DWI carried with a fine of up to $200.00 and normally 24 hours of community service of 24 hours in jail (the Judge can elect to give you more community service or jail, but not less).  Most people elect the community service as they don't want to spend the night in jail, however the community service program costs $250.00.  With the addition of court costs and various other fines and fees that come with a DWI conviction, a Driver can expect to pay approximately $650.00-$750.00 for a Level 5 Judgment with community service. 

In addition to the costs associated with the conviction, there are other costs that come from a DWI Sentence.  First, if not already completed, the Driver will be required to complete a Substance Abuse Assessment ($100.00) and follow any recommended treatment.  If you have already done the Assessment before for the Limited Driving Privilege, then you will not have to do it again so long as you started treatment within 6 months of the Assessment.   The minimum recommended treatment is the Alcohol and Drug Education Traffic School ($160.00) but more intensive treatment may be recommended and cost will go up accordingly.  Also with a DWI conviction, the Driver will have their license suspended for 1 year.  During that period, the Driver may be eligible for a Limited Driving Privilege, with the same requirements as mentioned before, including the $100.00 cost to the court.  Lastly, a DWI conviction in North Carolina allows insurance providers to increase premiums as much as 400% for the following three years.  Therefore, an individual that pays $400.00/year can expect to pay $1,600.00 a year for the next three years (or the additional total cost of $3,600.00 over that three years).

It is also worth mentioning that for individuals with a BAC of .15 or above there are added burdens and costs that I won't get into now.

So, needless to say, even without the cost of hiring a Wake County DWI Attorney or DWI Attorney in your area, you can expect an exuberant amount of costs as a result of a DWI charge and conviction.

If you are need of legal representation in Wake county for traffic or criminal charges, please feel free to contact my office for a free consultation at 919-335-5291.   

Raleigh DWI Attorney | Silence is NOT Golden for Criminal Defendants

So, recently there was a very important ruling by the U.S. Supreme Court in case that will have far reaching implications for those facing hiring this Wake County Criminal Defense Attorney,  as well as the rest of the country.  The case in questions, Salinas V. Texas, deals with an individual being questioned by police regarding a homicide.  The Defendant in this case was answering questions by the police but elected not to answer one specific question.  As a result, his silence was used to convicted him of murder. 

In this particular case, Mr. Salinas was being questioned by the police, but was not yet in custody.  This is a very important detail due to the fact that had he been in custody, the police would have been required to read him his 'Miranda Warning' prior to questioning him, otherwise his responses, or lack there of, would be inadmissible. 

Now, 'Miranda' can be a bit confusing as most people's understanding of this right derives from what they have seen on Law and Order, and that's not accurate.  It is very common for those hiring this Raleigh DWI Attorney and Criminal Attorney to think their case is solid because they were not 'Mirandized' but that is just not the case.  First, your right to remain silent and your right to have an attorney present for any question is in place regardless of when you are dealing with the police and whether you are in custody or not.  Most people do not realize that they are completely within their right to refuse to answer any questions by the police.  The second, and often times more confusing, issue with Miranda is exactly WHEN the police are required to inform you of your rights.  Even though TV cops always 'Mirandize' Defendants the second they take them into custody, the reality is, that is not required and not often practiced.  The point that police are required to inform you of your Miranda rights is when you are in custody AND you are being questioned by police.  I'm certain it would seem that just out of convenience, police would simply 'Mirandize' the Defendant when they are being arrested and then they can question them once the Defendant decides whether to invoke those rights or not.  The reality is, unfortunately, much more sinister.

Since people believe that, if they are being taken into custody, and have not been Mirandized, that they are safe.  At a minimum, most people believe that their statements can't be used, or worse that their whole arrest will be thrown out.  Actually, not only will your case not be dismissed because you weren't given your Miranda rights when being arrested, but any 'spontaneous statements' you made after your arrest are admissible in court.  'Spontaneous statements' are things Defendants say, after being taken into custody but without any questioning by the police.  Most of the time, these are things said by the Defendant in the back of the cruiser.  What's even worse, police know that most people have these misconceptions, and so they intentionally won't 'Mirandize' the Defendant, not ask them any questions, and record anything they say while in custody. 

This brings us full circle to the ruling in Salinas v. Texas.  The Supreme Court has ruled that a Defendant's refusal to answer a question can be used in their trial as evidence against them.  Now, in Salinas' case, it was a 'significant silence' in that he had been answering the questions of the police, except for one question dealing specifically with shell casing at his residence.  However, the fact that the court ruled the silence is admissible as evidence can have far reaching impacts in other cases.  The State may attempt to argue that any refusal to answer questions is evidence of a guilty conscious, though any defense attorney (including this Raleigh Criminal Defense Attorney) has argued that invoking the right to remain silent is evidences of a guilty conscious, rather it's simply a citizen enjoying the benefit of their Constitutional Rights.  From there, what the sitting Judge may do with this objection given the ruling in Salinas is hard to say.

Regardless, what is most important to take away from this recent ruling is 1. invoke your right to remain silent and to have legal representation early and without hesitation and 2. hire a capable defense attorney to represent your interest there after.

Raleigh DWI Stops | Understanding the Checkpoints

So, today's Raleigh DWI Attorney Blog will discuss some aspects of the checkpoint and in what ways can they be challenged. Many people understand that, unfortunately, the Police have the ability to set up checkpoints. What many do not realize is the limited scope for which they can setup the checkpoint. As a Raleigh DUI Lawyer and Raleigh Traffic Lawyer, I have explored the various aspects of a check point and in what ways they can be challenged. This article will hopefully shed some light on this practice of law enforcement. First, in North Carolina certain case law has outlined the requirements of what constitutes a permissible North Carolina DWI Checkpoint. Under N.C. v. Rose, the courts found the Police in that particular case had improperly set up the checkpoint and therefore sent the case back to the lower courts to rule in accordance to their finding. Specifically, the court held that the Police did not set up the checkpoint for a specific reason, but rather set up it for 'general crime prevention.' This was in accordance with City of Indianapolis v. Edmond, where the U.S. Supreme Court held that for checkpoints to be Constitutional, the State must prove the primary purpose of the checkpoint was not for general crime prevention. From there, if the court finds the State proved the primary purpose of the DUI checkpoint was not for general crime prevention, then the court must determine the reasonableness of the checkpoint by applying the 'Lidster Analysis' which examines 1. The seriousness of the public concerns attended to by the seizure, 2. The degree to which the seizure assisted the public interest and 3. the gravity of the interference with individual liberty. The Police will normally set out a 'plan' which will outline the reason for the checkpoint and the means by which they conduct the checkpoint. In this plan, which must be authorized by some type of supervisor, there must be a set parameter by which the vehicles are stopped to ensure that no individuals are 'targeted.' Additionally, no one Police Officer may have authority to control or dictate the process by which the stops occur during the checkpoint. These restrictions are meant to ensure that the scope of these type of stops are very limited and very controlled. Remember, in America, we enjoy the right to Unlawful Search and Seizure, which normally requires a finding of Reasonable Suspicion to validate the temporary seizure. These checkpoints are a limited exception to this rule and therefore are strictly construed to very specific purposes. If you have received a North Carolina DUI Charge as a result of a Raleigh DUI Checkpoint or checkpoint anywhere else here in North Carolina, speak with a local DWI Attorney about your case. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

North Carolina DWI Law | Finding the Right Lawyer

So, today in the world of this Raleigh DWI Attorney I witnessed something that had my interest. I watched as an attorney plead out a dwi charge for their client who had a prior DWI charge. Now, fortunately, for this North Carolina DUI Charge, the Defendant's Prior NC DUI Conviction was more then 7 years ago and therefore was not a Grossly Aggravating Factor, only an Aggravating Factor (side note: I find it silly that the legislation couldn't come up with different names for these two things so they aren't so close that they cause confusion to many clients as I try to explain the difference between them). However, this Defendant's license was revoked at the time of the current NC DWI and therefore had at least one Grossly Aggravating Factor. Now, aside from the fact that I thought the Defense Attorney could have argued better for sentencing, it wasn't what I found so interesting about this plea deal. What was interesting about this case was the fact that the Defendant was reported to the Police by an anonymous tip AND that the Defendant had refused to provide a breath sample to the Police Officer when they caught up with her. Now, let me preface what I am about to say, I do not know all the facts about this case. There may have been a very good reason to plea this case out; the Police Officer may have gotten reasonable suspicion before he stopped her, they may have drew blood, they may have other evidence that I am not privy to, or the Defendant may have just wanted to plea the case out and get it over with (almost had a client facing similar sentencing do this exact thing). But, given that the Defendant was facing a minimum jail sentence (they were actually sentenced above the minimum to 120 days active jail sentence) I find it difficult to understand why a trial was not had? First, for anonymous tips, there's extra steps the State must go through in order to justify the stop based on it, and even then there are certain challenges that can be made to try and prevent the testimony of what the tip was, which could prevent the State from entering any evidence as a result of the tip and possibly beating the case. Additionally, a case where the Defendant has refused to below is a very triable case. Understand, 'very triable' and 'very winnable' are two completely different things. But, at least with a refusal, the State has to either: 1. prove appreciable impairment, which is a subjective concept that a Raleigh Defense Attorney could cast doubt on or 2. it's a blood draw, in which case the Defense attorney could try and keep it out unless the State presents evidence of chain of custody as well as the presence of the person who drew the blood. Again, I say, I do not know all of the facts of the case, so I am not trying to be too critical of this particular case. But I am extremely curious as to why this was plead out and not tried. In my talks with other attorneys (given, only a handful when considering the large volume of attorneys doing Raleigh DWI Defense and Durham DWI Defense) it seems that many attorneys are quick to plea and avoid trial because they don't feel that there's much chance of winning. And while that is true (they can be hard to beat) there is little to no consequence to the Defendant if they decide on a trial and it is their only chance of beating the NC Driving While Intoxicated charge. I guess what I am trying to say is, when speaking with the Attorney you may potentially hire in this case, be sure you inquire as to whether they are prepared to try the case or are they just interested in a quick turn-around where they just plea out the case. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

Dangerous Conduct in the DUI News World

Though this didn't take place in North Carolina, and therefore does not involve a North Carolina DWI Charge, I find the following article 'blog-worthy.' The following article: DWI/DUI involves grandparents in Florida who decided, after knocking back a few, to tow their 7 year old behind their SUV, up and down an access road, in a hot wheels. The Driver was the young child's grandfather, and though the article did not mention what his blood/alcohol concentration was, it did indicate that this was his FOURTH DWI CHARGE! I have had clients before who have had previous been charged with North Carolina Driving While Intoxicated and it was not their first charge, but I have yet to have someone on their Fourth North Carolina DUI Charge. The grandmother in this case was seated in the cargo area of the vehicle with the hatch up, cheering on her young granddaughter as she was pulled behind the vehicle in a toy car. The grandmother was also impaired during this event (ideally, one would hope a sober person would not think a drunk driver pulling a child in a toy car behind a real car up and down the road was a good idea). The article mentions that the grandfather has been charged with Driving under the Influence, driving with a suspended license (similar to North Carolina Driving While License Revoked) and cruelty to a child. The Grandmother also faces cruelty to a child charge. From a Raleigh DWI Lawyers standpoint, I obviously do not condone this conduct. Driving While Impaired North Carolina is a serious charge and can be risky to yourself and those with you and/or around you. That being said, the DWI laws in North Carolina have become so strict that individuals who arguably were driving without signs of impairment (certainly less then those that insist on texting while driving or putting on make up as they drive) are catching serious charges with serious sentences. However, in this instance, I'm certain the grandfather will face very serious consequences for his actions. Not being familiar with Florida law, I can't say for sure, but certainly here in North Carolina he would be facing a jail sentence. It is never advisable to Driving Under the Influence North Carolina, but if you do, contact a local DWI attorney to best advice you on how to proceed. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

Raleigh Criminal Court | Missing Your Court Date

Recently, I was in a North Carolina District Court where I was having a discussion with a Judge regarding those Defendant's who have missed their court dates. As one of the Raleigh DWI Attorneys and Raleigh Criminal Lawyers, I handle this type of matter more then I would like. You see, when a Defendant misses their court date, a North Carolina Criminal Defense">North Carolina Failure to Appear will be marked on the 'shuck' (the envelope which contains the Defendant's paperwork) which carries with a $200 fine. After a few weeks, for most matters (the exceptions being minor traffic matters) an 'Order for Arrest' will be issued at which point the police can arrest the Defendant and bring them before a Magistrate where a bond may be set, which would have to be paid before the Defendant could get out of jail. Additionally, the court will notify the DMV of the Failure to Appear, and after notice is sent out to the Defendant, their license will eventually be revoked. Unfortunately, for clients of mine who have been charged with North Carolina Driving While License Revoked, it was a result of a missed court date and they were unaware that their license had been revoked. If they are convicted of the Driving While License Revoked, their license will be suspended for one-year. So, something as minor as a seatbelt ticket can result in court costs and fines from that ticket, costs and fines from the new Driving While License Revoked ticket, $200 FTA fee, and potentially having your license suspended for a year. As you can see, the judicial system takes very seriously a Defendant's court date. They take it seriously because it would be too detrimental to do otherwise. If they didn't take a hard line requiring the Defendant's attendance, then some individuals would abuse the system. That being said, I feel there could be more consideration taken to those who honestly couldn't make it to court. Though a Raleigh Traffic Ticket, Raleigh DWI Charge or Raleigh Criminal Charges are very serious, it is likely not the only thing in the Defendant's life for which requires their attendance. I believe the court tries to strike a balance by considering Motions for a new court date, but the court seems less receptive to most explanation short of a medical and/or family emergency. "But, what if I can't make it that day?" Well, in many cases, the court doesn't really care. If there are legitimate emergencies which prevent a Defendant from coming to court, then the court may continue the matter, but only with the representation of an Attorney to stand in for the Defendant. Additionally, if a Defendant does miss a court date, they have the option of filing a motion for a new court date, at which point, the Judge may or may not grant that motion. If not granted, the Defendant is left with little option but to turn themselves in. This can be a very serious matter and therefore a Defendant should do everything they can do appear in court and if not, speak with the Raleigh Criminal Defense Lawyers who represents them BEFORE THEIR COURT DATE! Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

Raleigh DWI Trial | Why Not Go To Trial?

Recently, I was having lunch with another North Carolina DWI Attorney. Included in this Attorney's practice is Raleigh/Durham DWI Defense. I was explaining to him a case I had coming up the following day. As we went over the facts, I explained to him that I intended to call this matter for trial. He reiterated to me the facts of the case I had just explained and asked me what there was to have a trial on. I explained to him my strategy for trial and that was the end of the conversation. As it turned out, neither of us were proven correct as I didn't get to trial. Rather, the Prosecutor was forced to dismiss my client's North Carolina DWI Charge due to the fact that the Police Officer was in training the day of trial and would not be able to make it. Now, when this normally happens, the State would just ask for a continuance, the Judge would grant it, and the State would get another opportunity to get their Police Officer in for this Durham DWI Trial. In this particular case, I had already called it for trial before and at that time, the Officer wasn't available, so the State was forced to continue it, and the Judge explained that it would not be continued again. Fast-Forward to the new court date, Officer isn't available, and the Judge denied State's motion. Though the State has the option of re-charging my client (which I find totally unconstitutional, but unfortunately, presently acceptable due to case law) my client and me are hoping that this will be the end of the ordeal. I write about this today because it struck me as odd that my friend would think it shouldn't be tried. First, I felt that my arguments I planned to make in my Pre-trial motions to suppress had a decent change of being persuasive, in which case, had the Judge granted my Motion to Suppress, the case would have had to been dismissed or the motion appealed (the latter being the more common practice in this particular county). But, more importantly, I feel like most DWI charges should be taken to trial. I believe there are many reasons for this, but most importantly is, the trial is the unknown; you never know what will happen. You may have a good idea as to what will happen, but can't be sure. But, you may ask, what about pleading them out instead of trial? Well, funny you should (rhetorically) ask. In the counties that I practice (Wake, Durham and Harnett) as I assume in all other North Carolina Counties, the Prosecutor will not plead out a North Carolina DWI Charge to something other then a DWI charge. They will almost always dismiss the other associated charges (like if they originally pulled you for speeding) but not the DWI. So, a Defendant's only hope of avoiding the DWI charge is trial. In my conversations with other Raleigh DWI Attorneys, I am starting to get the impression that my theory is more in the minority then the majority. If true, I find this very upsetting. I charge a middle-of-the-road rate for representing someone facing a North Carolina DWI Charge. My fee is, what I believe to be, a fair representation of the time and effort I put into a case (well, technically, I think I should earn more, but the market being what it is, I do have to be competitive). Every client I get who is facing a North Carolina DWI Charge I spend a good amount of time investigating their case in order to determine whether their are any try-able facts. Even if there is nothing to hang a Defense on, my recommendation is almost always trial, just to see what happens. The North Carolina DWI Sentence the DWI Defendant faces is the same whether they plead guilty or are found guilty. So, unless there are other charges which could be dismissed that the Defendant wants to avoid, the best bet is almost always trial. Which brings me back to my conversation with the other Durham DWI Lawyer. Granted, my client had indication of impairment at the time of the arrest (though not enough, in my assessment) and he blew above the limit. For all intents and purposes, my client was likely guilty of Driving While Impaired. However, I felt there were problems with the stop and the arrest (see my blog post about defending these types of Constitutional issues and why it is important) and decided to have a trial. For my efforts, my client has avoided a DWI conviction (though not without punishment, when you consider multiple trips to court - time and money, my cost, losing his driving privilege for 30 days, $100 for the implied consent offense fee, and he completed a Substance Abuse Assessment in anticipation of a conviction). I guess my point is, this is an instance where due diligence and an eye on trial paid off for my client and should be the practice of all Raleigh DWI Attorneys.

North Carolina Limited Driving Privilege| Out-of-State DWI Conviction

Recently, I was hired to assist a client who had received a DWI charge (well, technically, it wasn't called a DWI, but it was a similar charge) in another State. So, this client, who learned I was a Raleigh DWI Lawyer and a Durham DWI Lawyer through a mutual contact, reached out to me. This client completed the court ordered classes, paid his fines and court costs, and refrained from driving during the 6-month period in which he was ordered not to drive due to his conviction in the other State. Now, 8 months after the date of his conviction in this other State, he received a letter from the North Carolina DMV indicating his driving privileges here in this state were being suspended for ONE YEAR! Now, had he been convicted under North Carolina DWI Sentencing Structure statute (N.C.G.S. 20-179) he would have faced a one year suspension, however he wasn't convicted in NC. He was convicted under the statute of another state and paid his debt to that society for having driven intoxicated in their state.

Now, North Carolina decided to add to his burden by suspending his driving privilege here in North Carolina just for having been convicted of a charge similar to NC's DWI law in an entirely different jurisdiction. Alright, well, then, we need to get him a Limited Driving Privilege so that he can get back on the road as soon as possible; easier said then done. Though most Limited Driving Privileges in North Carolina are straight forward, one for an out-of-state DWI conviction is a monster all it's own. For starters, the fee is $250, instead of the usual $100 for other L.D.P.'s. Second, this has to be done through the civil division of the court (as oppose to the criminal side) since this isn't a court-ordered suspension, but rather a DMV-ordered. There are a couple more documents that must be filled out and the privilege must be approved by the Chief District Court just as oppose to any District Court Judge who would normally approve a Limited Driving Privilege.

However, what I found most telling about this little oddity was the lack of information available on it. I spent most of a day chasing around all the required documents, approvals and signatures in order to obtain this order. At every turn, no one seemed to have an understanding on how these are done. When speaking with other local attorneys, they (like myself) seemed confident that it was just like any other L.D.P. (some speaking with an absolute certainty). When discussing with the D.A. on what I was doing, as well as a Judge, both indicated there was no special requirements for what I was attempting. Additionally, when talking with the Clerks Office, the always helpful staff were at a loss on how this was done. It wasn't until I was directed to the Civil Division that I finally was told what all was needed.

Fortunately, I already had the necessary paperwork aside from the Petition and Civil Filing Form. So, aside from having to wait on the approval of the Chief District Court Judge and the added cost I had not anticipated, I was able to procure the Privilege for my client.

So, this blog post is to serve as a warning to other North Carolina DWI Attorneys attempting this great feat. Best of luck to you!

North Carolina Limited Driving Privileges| What is Needed for the Petition

In today's DWI Blog, I will be focusing on North Carolina's Limited Driving Privilege.  Though a Limited Driving Privilege applies to more situation then a DWI, today's blog will only focus on it's function in the DWI world.

First, the Petition is just that, a petition.  The Privilege must be agreed to by a District Court Judge, there are no guarantees that you will be given a privilege.  Second, the Privilege is normally only for Monday through Friday, 6:00 A.M. until 8:00 P.M.  If you need to drive outside of those time for school or work, it can be requested with additional documentation.

There are two areas of a DWI case where the Limited Driving Privilege applies, first is after being charged with a DWI, you will have your license suspended for 30 days.  Most likely, the Police Officer took your license.  In those situations the Privilege can not be granted for the first 10 days, therefore if granted, the Privilege will only be for the remaining 20 days.  If convicted of a DWI or if you plead guilty to a DWI, you will have your license suspended for 12 months.  Depending on how high your blood/alcohol level was at the time of your arrest will dictate when you can petition the court for a Limited Driving Privilege for those 12 months.  The petition requires several things before a Judge will consider it.  Below, I have listed those things that are necessary.

1. A certified 7-year driving record from the DMV
2. A Limited Driving Privilege Petition (Form AOC-CVR-9)
3. Fully completed Limited Driving Privileges (Form AOC-CVR-10 or AOC-CVR-11) (3 copies of each)
4. Valid proof of driving insurance (called a 'DL-123 form')
5. Proof of Substance Abuse Assessment
6. Letter from an employer or school if requesting more time outside of the standard hours.
7. $100 cost for the privilege.

This process can seem a bit complicated, but it can be done.  If you feel overwhelmed, speak with a local Durham DWI Attorney or Raleigh DWI Attorney or a DWI Attorney in your area for assistance.  Some may be willing to assist you without handling your DWI case.