Raleigh DWI Defense | License Restriction

In the world of Raleigh DWI Defense the span of consequences is long and exhausting. Many realize that being convicted of a Raleigh DWI Charge will result in loss of license, an increase in insurance premiums and plenty of costs and fines. Some even know that there are consequences with even being CHARGED with a DWI, including loss of license for 30 days and a $100 civil revocation fee, even if you are not convicted. What some do not realize are the after affects of a North Carolina DWI Conviction which are less heard of. For starters, anyone with a blood/alcohol concentration of .15 or above will have the added requirement of having an Interlock device installed on their vehicle for one year at the point that they start driving after being convicted of a North Carolina Driving While Intoxicated charge. This device cost approximately $100 to install, and $60/month maintenance; all costs that are the burden of the Defendant. In addition to this requirement, where those with a blood/alcohol concentration below .15 (or who were convicted under the Appreciable Impairment portion of the statute) can receive a Limited Driving Privilege the same day as their conviction, those with a .15 BAC will have to wait 45 days before they can receive it AND have completed their Substance Abuse Assessment as well as all recommended treatment and show proof of the Interlock installation. Another thing to consider is any license restrictions which will be applied to the Defendant's driver's license once they get it back. A five-year restriction of DWI Convictions whereby the Defendant cannot be found driving with a blood/alcohol concentration of .04 or more. Though one would think after having been previously convicted of Driving Under the Influence in North Carolina, most would avoid drinking and driving anything, many people believe they are probably safe to drive after only one drink. In reality, depending on the individual, one drink can lead to a blow of .04. Recently, I was successful in getting an acquittal for a client charged with violating their license restriction. My client refused to provide a breath sample and the State elected not to obtain a blood sample. Since the State had no scientific evidence as to what, exactly my client's Blood/Alcohol Concentration was, I argued that the State failed to prove beyond a reasonable doubt that my client's BAC was at .04 or above. Lastly, and most importantly, in North Carolina, you DO NOT want to get a second DWI after having previously been convicted. If the prior DWI conviction was within the preceding 7 years prior to the new DWI, that is a Grossly Aggravating Factor. One North Carolina Grossly Aggravating Factor will result in a minimum mandatory jail sentence of 7 days. Obviously, there are other consequences, namely the fact that the conviction will show up on the Defendant's record. Obviously, it is recommended to never get charged with a DWI in North Carolina, but if you have been, seek legal counsel immediately. If you received a DWI, or any other Traffic or Criminal citation in the Research Triangle Area, contact the Matheson Law Office, Pllc for assistance.

North Carolina Criminal Court | Why Is This Taking So Long?

This morning, I was sitting in Raleigh District Court on a small matter for one of my clients. As a Raleigh DWI Lawyer and a Raleigh Criminal Attorney this is something I do often, whether for a Raleigh DWI Ticket or a North Carolina Criminal Citation. As I was waiting for my turn to address this issue with the District Attorney, I overheard comments made by the gentlemen seated behind me in the general seating area for the general public. "Five minutes and they have only called up one case." "I've been here for almost an hour and they've only gone through 5 cases." "Why is this taking so long?"

The funny thing about these comments was, in the hour in which I was in court this morning, and these comments were being made continuously, the number of defendants in this same area was cut almost in half, even though the Judge probably only called up 10-15 cases (the calender for today probably had 80-90 names on it). The reality is, while these guys were sitting their complaining about what they thought was inactivity on the part of the court personnel, the reality was A LOT was going on right in front of them. Therefore, I decided today's post would be about what appears to be happening up front at court, and what really is going on.

Let me start by saying, not only have I observed the efforts of the District Attorneys, the Clerk of Courts and the Judges as a Defense Attorney, but also as a former Prosecutor, I know exactly what the District Attorneys are doing and why they are needed some consideration.

First, EVERY case on the calender that day MUST go through the District Attorney. Even if it is a simple continuance or guilty plea, the District Attorney must at least be made aware of what is attempting to be done with that case and either agree to it or put it up in front of the Judge for a ruling. So, when those 80-90 (or many times much, much more) names are read of at the beginning of court during Calender Call, remember that each one of those the District Attorney will have to deal with that day. And before you start complaining about how the State should provide more District Attorneys to move court along faster, I don't know that anyone would agree more then the District Attorneys themselves. Sadly, due to budget constraints and the public's opposition to Tax increases, these are how the court will have to be operated.

Second, though it may appear that the District Attorney isn't doing anything, the reality they are doing A LOT. If they aren't talking to Defendant's who are representing themselves, they are negotiating with the many Criminal Defense Attorneys there, or processing paperwork for the Judge and/or Clerk of Court. Even if the District Attorney is just sitting there looking at his/her computer, chances are they are looking at a Defendant's record to make a decision on how to handle the case.

If you ever look at the demeanor of the Defense Attorneys who are present in court, you'll notice they are not frustrated or mad at how long it's taking for their case to be handled. These attorneys, who do this for a living, know what is going on and try to be as helpful to the D.A. as possible.

So, next time you are in court, try and think about what the court personnel are attempting to do and be as patient as you can be.

North Carolina District Court: Calender Call Explained

So, slightly off-topic, but I thought today's blog would do well to explain exactly what 'Calender Call' is as it relates to North Carolina District Courts.  As a Durham Criminal Attorney and Raleigh Criminal Attorney I have seen a lot of confusion in the courtroom from the public when it comes time for calender call.  But, more importantly, when I was an Assistant District Attorney in Harnett County, I saw what a frustrating situation it can be for the DA's when trying to run court.  Let me explain.

In Every courtroom in North Carolina, the DA's have what is called the 'Calender.'  The Calender is a list of every Defendant ordered to be in court that day, along with their charge and some other minor information.  The Calender is what the DA will work off of while running court that day.  In order to expedite the process, the DA's will call out the name of every Defendant at the start of court and ask them to answer up in one of five ways: Guilty, Not Guilty, Motion, Attorney, or Court-Appointed Attorney.  Most DA's do a good job of explaining what each answer means however, after a while, the DA's tend to fly through the explanation, and without a Q & A session, it can sometimes be hard to know how to answer.  Therefore, I will now go through each response and explain what it means.

• 
  Guilty: This basically tells the DA that the Defendant does not wish to fight the charges.  In some cases (probably better then half) the DA will still offer the Defendant a plea deal, since they are pleading guilty.  This is the response that most people are afraid of, because they are scared of admitting guilt before knowing what options they may have.  Though speaking with an attorney before hand will help alleviate these fears, just know that if you do answer up 'Guilty' during Calender Call, you can change your plea, so long as you haven't PLEAD GUILTY before the judge.
• Not Guilty: This informs the DA that the Defendant wishes to fight the charges.  Unless an agreement can be made regarding a plea deal, answering up 'Not Guilty' will mean you wish to have a trial.  If this is your first or possibly second time to court, the changes are the State will continue the case in order to gather evidence.  Once the case is ready to be tried, it will normally not occur until after all the other cases have been disposed of.
• Motion:  This response (or 'Continuance' also works) is informing the DA that the Defendant wishes to continue the case to a later date.  Understand, the court is NOT obligated to grant a continuance every time it is requested.  Normally, the Judge will allow a couple of continuances for each side.  So, if the Defendant has continued their case several times, they may face a situation whereby the Judge will NOT grant the continuance and you will either have to plead Guilty or Not Guilty.
• Attorney:  This response (you may also answer with your Attorney's name, i.e. "Attorney Matheson") informs the DA that you have representation.  This is important because, the DA is not permitted to speak directly with a Defendant who has procured legal representation; whether by hiring an attorney or having one appointed by the court.  Once the DA knows you have an attorney, they will wait until that attorney comes to court in order to handle your case.
• Court-Appointed Attorney:  Lastly, this response is requesting the court appoint you an attorney.  Though this is a good option for some, there are several things that should be understood about requesting a court-appointed attorney.  First, the Defendant will be required to fill out an affidavit covering their financial situation.  This affidavit is used to determine whether you qualify as an indigent (poor) Defendant.  Second, the Judge will make a determination, based off of your affidavit, whether you qualify.  The Judge is NOT obligated to appoint the Defendant an attorney.  If the Judge feels the Defendant has the resources to hire their own attorney, they will deny the request.  Lastly, court-appointed attorneys are not necessarily free.  If the Defendant ends up pleading guilty or is found guilty, they will be required to reimburse the State for that attorney's costs.  

That covers the basics of Calender Call.  Whether you are facing a with a North Carolina DWI charge or a North Carolina Misdemeanor charge this review will apply.  Obviously, you should speak with an attorney about what options you have available to you before going to court for the first time.