Raleigh Traffic Law | Recent Checkpoint Activities

Well, it's been a while since I posted, but thought it was necessary to get back on here and add some new insight to the world of serving as a Raleigh DWI Attorney. Recently, there's been an increase in police activities on the roads of Wake County. Mainly, I have seen more and more Wake County DWI checkpoints and license checkpoints in place. These checkpoints are an easy way for the State to try and catch those who could be violating the laws of North Carolina. What many driver's do not realize is what rights they have with regards to these checkpoints or any other traffic stop.

First, the general public needs to understand that your participation with MOST of these stops is voluntary, and your compliance could hamper your Apex DWI Attorneys efforts to avoid a conviction. Under our laws, you are required to stop, produce your license and registration and that is it. If the Police Office asks you to exit the vehicle, you do have to comply as it could be for safety reasons. Beyond those few things, you are not required to answer questions, consent to a search, attempt standardized field sobriety tests or submit to a preliminary breath test. Now, it's important to note at this point that the breath test performed AFTER a driver has been arrested, the one performed on an Intoxilzyer, is voluntary, but does come with consequences should you refuse, so decide carefully whether you want to refuse. However, beyond that, the walk and turn test, one legged stand test, the finger dexterity test, eye test, counting, alphabet, etc. are all voluntary. And the fact that this is voluntary is true whether it's a regular traffic stop or a check point. As a Raleigh DWI Lawyer, I always find it interesting to learn what the Police Officer's stated to my client to convince them to perform the tests. In most cases, the verbiage they use 'implies' that it's required and not voluntary. Statements like "I'm going to have you perform some tests" or "I need you to blow into this device." My favorite was a client who was told by an officer that he was probably going to let him go, but he needed my client to perform some tests just to be sure. Understand that Police Officers are not required to be honest with you. There is no law on the books that says police must always tell the truth to a Defendant they are investigating. The biggest mistake that the general public make when dealing with the police is thinking that you are smarter then the police and that you will not be outwitted by them. The reality is, this is their profession, they know all the best moves to try and get the evidence they need in order to arrest and ultimately convict you.

Another thing that has popped up across the Wake County area is more attempts to catch drivers speeding, texting, driving without a seatbelt, etc. Again, I was amazed at some of the creativity I have seen. Recently, on Highway 55 in Holly Springs, I have seen Police Officers set up on the overpass of 540 where they were using a radar to track the speed of the Defendant and radioing to other Police ahead on 55 to report who needs to be pulled over. Additionally, I saw Police set up around construction on 55 where traffic was narrowed from 4 lanes down to 2. This caused driver's to slow down, providing police enough opportunity to look into cars and see if the Driver had their seat belt on, or if they were texting. Certainly these type of tactics lead to many Driver's having to seek out a Wake County Traffic Attorney. All of this activity has resulted in an influx of Wake County residents contacting local attorneys looking for legal assistance. It's important to remember while out on the road, that the Police are always out there looking to catch driver's violating the law, so be careful.

If you do end up receiving a ticket or are arrested for a dwi, contact the Matheson Law Office. We have proudly served as the Raleigh DWI Lawyer for and traffic lawyer for hundreds of clients. We provide a free consultation when you call where you will speak directly with an attorney. Call us at 919-335-5291.

Raleigh Drug Cases | Why Not to Trust Drug Tests

So, I realize it's been a while since my last blog post to the Raleigh DWI Attorney Blog. September was a hectic month and I really could not find time to breath. In truth, I'm still crazy busy with all of the Raleigh DWI Charges and Raleigh Criminal Charges I'm handling, but a recent article coming out of Boston warranted a blog post like no other. As covered by CBS and other news affiliates, a recent scandal at a Crime Lab in Massachusetts deals with a crime lab chemist who falsified test results. These results were not from tests to determine air quality or the impact of drilling on local streams or rivers. No, these results were from tests of potential drugs that were submitted to the STATE CRIME LAB to determine whether the individual in possession of them was, in fact, violating the law. What this means is, there are individuals who could currently be serving time for crimes they may not have committed. Now, certainly reading this, one would think it was likely some isolated incidents which were quickly discovered and rectified. In reality, this individual was a State Crime Lab Chemist for 9 years and tests over 60,000 drug samples. Well, it could be argued that perhaps there were simple mistakes made and not the intentional conduct of a State employee who could impact the conviction of every day citizens, right? Nope, this individual admitted to altering tests, going so far as to adding cocaine to some samples that came back as negative. Well, certainly her supervisors cannot be held accountable for her actions, how could they have known what she was up to, right? Well, where a normal Chemist in this office averaged processing 150 samples a month, this individual was processing 600. In fact, the staff at this State Crime Lab had nicknamed her 'Superwoman' for her ability to get so much done. Now, certainly the mistakes of an individual in Massachusetts does not impact those who are charged with violating North Carolina Drug Laws here. However, this situation goes to show that the system is imperfect. Where some may be quick to chastise someone charge and/or convicted of a North Carolina Law, they need to understand that our justice system is still a system designed, orchestrated and maintained by humans, who are prone to error. So, before you pass judgment on an individual under these situations, understand that there is the possibility that they are in fact innocent of the charges they face. If you are facing a Raleigh Misdemeanor Drug Charge or Raleigh Felony Drug Charge, contact the Matheson Law Office for a free consultation.

Raleigh Criminal Defense | Marketing Tactics

So, today's Raleigh DWI Blog is going to have less to do with the practice of defending someone facing a Raleigh Speeding Ticket, Cary DWI Charge or any other North Carolina Criminal Charge and more to do with the actual practice of running a criminal defense law firm (though really, this semi-rant can apply to any legal field and likely any other professional field). As I have launched the Matheson Law Office, Pllc, I have grown my practice in many different ways since first preparing to launch the business 2 years ago. One of the things that I and my staff focus on, as do anyone else running a small business is marketing. Marketing is where it is at when it comes to getting a business off the ground. Without a client base, all other preparations will fall apart. And, just like the time I spend marketing to my client base, I receive calls and emails from those marketing their services to me. In most instances, those that reach out to me are trying to sell me on a marketing product of theirs that is suppose to grow my business. They promise more contacts from those seeking Raleigh DUI Lawyers or to refer those individuals to my practice when contacted by them. I am certainly happy to entertain the speech on what their products are. If I feel they are selling something that is worthwhile to my practice, then I'll invest in it, if not, then I politely decline. What has become apparent to me is the level of deceit that is utilized by many of these operations. The most common one I get is when a company calls me telling me they work for so-and-so attorney in some other State and has some potential clients facing Raleigh DUI Charges and seeing that I am a Raleigh DWI Attorney, they want to refer me the work. Automatically, I know to inquire exactly who it is they work for, the specific name of the company. In every instance so far, they eventually (some take longer then others) admit that they work with a private company selling the referrals and only mentioned the so-and-so attorney as one of their clients. In reality, these companies have secured a valuable domain name (i.e. a web address that someone may type in when looking for representation in my area) and have established a website specific for referring clients nationally to attorneys in their areas. My frustration with this is with the misrepresentation that the referral is coming from another attorney. You see, it is common practice for attorneys to refer cases to other attorneys if the case is not in their geographical area or not in their practice area. So, there could be an attorney in Florida who found me on the web and wants to refer me a client of theirs who got Raleigh Misdemeanor Drug Charges. So, for those who don't inquire, they may actually sign up for this program thinking they are legitimate attorney referrals. Recently, I dealt with a twist on this concept that I found frustrating. I was contacted by a gentleman who claimed he worked for Apple and they were developing Apps to be used on the Iphone and Ipad for DWI and DUI charges. He wanted to set up an interview with one of their sales people to see if I 'qualified' to serve as an attorney the App referred to. I specifically asked this guy the name of the company he worked for and he said "Apple." I asked, as in Apple Computers and he said yes. So, extremely weary of this, I set an appointment for them to contact me today. Aside from the fact the call came over an hour late, I decided to take the call. During his speech, I picked up phrases like "work with Apple," "approved by Apple," etc. So, I asked him specifically what is his company's name, and he told me something like 'The App Store Development.' I asked what his affiliation was with Apple, and he told me they were a subsidiary of Apple. So, I asked him to elaborate on that. He went on to explain that there was an Apple Office down the street from them and that Apple gives them a heads up with new developments and how they were specially licensed by Apple to develop these Apps in certain areas. I asked how they were different from individual developers who make Apps and he told me that they had a 'premium license' with Apple and explained all that it means. So, I asked him whether his only affiliation with Apple was that his company carried a premium license for App Development, and he said that was correct. Needless to say, I told him that I found the sales tactics deceptive and misleading. I'm certain if someone wanted to go through the trouble of following through with it, there is a Deceptive Trade Practices Act violation in there somewhere, but honestly, not like much would come from it. Now, in reality, there is an allowable amount of 'puffery' when it comes to marketing. Certainly a turn-of-phrase or focus on the good and not the bad is all part of successful marketing. But that differs from an outright misrepresentation of the truth. For any attorneys out there that may read the Raleigh DWI Attorney blog, be very weary of these types of calls. Honestly, I find it humorous that one of the markets they focus on is an industry built on individuals who are inherently weary, untrusting and inquisitive. Unfortunately, this being the modern age, I'm certain there are members of the Bar who are older and not as familiar with the practice of internet marketing who may get taken for a ride.

North Carolina Criminal Law | Catching a Break

Well, it's been a bit, but I am back to posting on the Raleigh DWI blog (hopefully a little more often then lately). I wanted to share with those that follow my blog about some sound advice that, for some reason, can sometimes fall on deaf ears.

Though I enjoy my practice as a Raleigh DWI Lawyer and Raleigh Criminal Lawyer, recently I have been attempting to take on more juvenile cases. This interest in helping the youth of our society has been something I have had an interest in since High School. Even back then, I volunteer as a Teach Assistant to a second grade class while I was a Junior in High School. I also volunteered as a 'Big Brother' to a young man in my community who was going through a tough time.

Not too long into my career as an Attorney, I decided that I wanted get back to giving back to our community by volunteering with youth focused programs. I actively participate with the Capital Area Teen Court Program as well as the North Carolina Bar Associations Lunch-with-a-Lawyer program. Through my participation with this program, I realized I could be doing more by trying to focus a part of my practice to representing juveniles and young adults facing their first offense.

Most of my cases stem from North Carolina Marijuana Possession, property crimes, and other minor misdemeanors. I make it a point to discuss with my clients the seriousness of their charges and what it is they could potential face if convicted, including what it will mean for the future.

In most cases, I can normally arrange my client to participate in some form of a first offender's type program which can lead to the charges ultimately being dismissed against them. These potential dismissals should serve as a wake-up call to my young clients as to the 'bullet' they just dodged and I encourage them to stay on the right path (which is also a requirement while they are participating in these programs).

Recently, I had a client who hired me after being charged with Misdemeanor Possession of Marijuana and Misdemeanor Drug Paraphernalia. I had made arrangements for this client to participate in my beloved Teen Court, which would have led to having her charges dismissed. Three weeks after hiring me, I received a frantic call over the weekend. My client was not only arrested with more Marijuana, but the levels were such that she faced two Felonies and another Misdemeanor charge.

Obviously, my client was upset, as was her mother. Though my client now faced some serious consequences which could have serious ramifications on the rest of her future, I was able to get both felonies and the new misdemeanor dropped after discussing the case with the D.A. (there was some issues with the stop).

I guess this blog is just a reminder to those out there who may have caught a break and were able to get a sweetheart deal in criminal court to not mess up again as it is not nearly as easy to avoid new charges once you have gotten out of some before.

Good luck out there!