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 Traffic Law | Recent Changes to the 'Move Over' Requirement

So, to little fan fare and publicity, the North Carolina Traffic Law regarding the requirement to move over for emergency vehicles has recently changed. What requirements drivers face when approaching 'emergency vehicles' has changed to include new 'emergency personnel' that most people may not think to give consideration to. As a Raleigh Traffic Lawyer and Raleigh DWI Lawyer, I stay up-to-date on recent changes to the North Carolina Criminal codes so that I can better advise my clients. This change can have a lasting impact on those who are unaware of these new requirements. As most North Carolina drivers realize, when a Police Officer has someone pulled over on the side of the road, or there is an ambulance or fire truck on the side of the road, the driver is required to move over a lane and/or slow down and be prepared to stop until they have passed the police officer. However, the recent changes to the North Carolina Traffic Law N.C.G.S. 20-157 includes those same requirements for roadside assistance vehicles and emergency vehicles which have flashing yellow lights. The language of the statute does not specify a definition of 'emergency personnel' or which vehicles constitutes a 'safety vehicle.' However, given the law does specify the flashing yellow lights, it would seem to include government roadside assistant vehicles for those stranded on North Carolina roads, as well as possibly tow trucks assisting those same drivers. The changes to this law include spelling out what consequences a driver could face should they violate this law. Should the driver fail to move over and/or slow down, they would face an infraction with a two hundred and fifty dollar fine. If property damage to the emergency vehicle in excess of five hundred dollars or personal injury to the emergency personnel occur as a result of negligence of the driver, the the Driver will face a Class 1 Misdemeanor. Should serious bodily injury or death result, the driver would face a Class I Felony. These consequences can be serious for the Defendant and should not be taken lightly. If you are facing these charges, or any other traffic ticket in Wake County or other criminal charges, contact the Matheson Law Office for your free consultation.

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 DWI Law | Delays in Blood Cases

So today's Raleigh DWI Attorney blog is going to deal with what happens when an individual facing a North Carolina DWI Charge either refuses to blow in the Intoxilzyer or are unable to and the State elects to draw the Defendant's blood to test for their blood/alcohol concentration. Commonly referred to as a 'blood case' these type of DWI's have some interesting ins and outs for a Raleigh DUI Lawyer or any other North Carolina DUI Lawyer. But, this blog post is not intended on covering all the issues that can come up with blood cases. No, today's blog post is going to deal with my frustration with the handling of these particular types of cases. You see, with blood cases in North Carolina, the blood is shipped off to the State Bureau of Investigation (SBI) to have then run the test to determine the Defendant's blood/alcohol concentration. In many of these types of North Carolina DWI cases, is very important to the State's case against the Defendant. However, the blood can take months for it to get back to the District Attorney's office. Since the State is reluctant to proceed without the blood results, they will continue the case multiple times until the blood results comes in. Now, as a Raleigh Criminal Attorney and Raleigh DWI Attorney, I am no stranger to continuances. In fact, both the Defense and the State will utilize continuances in order to get time to get their evidence together, work out pleas, etc. What my big frustration is that there seems to be a double standard in some counties when it comes to blood cases. You see, for some counties in the Research Triangle Area, DWI cases are required to be resolved very quickly. If the case is several months old, the Defense may not be granted a continuance, regardless of the reason for the motion to continue. Now, some attorneys may be asking for a continuance for selfish reasons, others may have legitimate reasons, like a necessary witness isn't available that day, or the Defendant needs more time to complete their Substance Abuse Assessment, get money together, or make arrangements should they be facing jail time. Regardless, if the case is outside the predetermined limitations for DWI Cases, the Judge can deny the Defendant's motion and they are forced to proceed. Now, shift gears to a blood case. In these same counties (one in particular comes to mind - though will not be named) if the DWI is a blood case, the State is given all the time in the world to get their evidence together. Now, I understand the District Attorney's office has their hands tied because they can't control the SBI, but that doesn't change the fact that the Defendant is being required to come to court multiple times on something they have been accused of (but not yet proven) in violation to their right to a speedy trial. As example, I was in this particular county this morning for a client who was charged with a North Carolina DWI November 6th. This client has had 5 court dates since that time, each time having to have a relative take off of work and drive them to court as they can't drive themselves. The Judge today granted State's motion, over my vigorous objection, but did mark the shuck last (meaning the State is not suppose to get another continuance on the new date). Now, some may say, what's a few months of waiting, the State needs to be able to convict these people and need these blood results in order to do it. But keep in mind, these individuals have only been ACCUSED of a crime. Though a Police Officer was suppose to determine that they had probable cause to charge the individual, that is not necessarily enough for a conviction. What if these blood results came back as a .02? Would you still feel it's appropriate that the State require these individual come to court five, six, eight times, take at least an hour at a time to figure out what is going to be done with the case, only to learn that there was not enough evidence to charge them, let alone convict them? There is good reason we have a Constitutional Right to a speedy trial, so that the State cannot bring charges and then make the Defendant wait around, and come to court under threat of arrest, until the State can make their case. If you are facing a Raleigh DUI Charge, Raleigh Criminal Charge, or Raleigh Traffic Ticket and are in need of a free consultation, contact the Matheson Law Office about your case at 919-335-5291.

Driving While License Revoked| The Gift that Keeps Giving (even when you wish it wouldn't)

Okay, so today's blog will deal with the North Carolina charge of Driving While License Revoked.  Though this may seem a bit out of bounds for a Driving While Intoxicated blog, it's not as far off the mark as you may believe.  Let me explain.

A North Carolina DWI Conviction carries with it a one-year suspension of your Driver's License.  If, during that period of suspension, the Defendant is caught driving on a North Carolina street or highway without having a limited driving privilege, they will be charged with Driving While License Revoked.  

So, what is it about this charge that makes it so serious that it warrants it's own blog topic?  Well, there are several reasons why this charge is important.

First, though a Driving While Intoxicated conviction is one way to have your license suspended, there are other ways.   First, if a driver receives 12 or more points on their license in a three-year period, their license will be suspended for a year.  Additionally, should a Defendant not appear in court, or not pay their fines, they risk having their license suspended after a year.  This particular situation can be tricky because, though someone may have simply forgotten about their court date or fines, their suspension will go through with very little notice to them.  In fact, aside from a letter that is sent 20 days after the missed court date or missed payment date, there is no other notice.  Therefore, a Driver can be driving around under the assumption that the License in their possession is valid, only to find that it has been revoked.  In these cases, the 'notice' of revocation always comes about when the Driver receives another ticket, like a registration, seatbelt, speeding, or headlight ticket, and the Officer will also cite them for Driving While License Revoked.

Secondly, this charge carries with it 8 points towards your insurance.  Under North Carolina's Safe Driver Incentive Plan, 8 points will result in an increase to your automotive insurance premium by 220% for the next three years.  As an example, if you are presently paying $300 a year for your car insurance, you will be paying $660 a year for the next three years.

Finally, and most importantly, this charge is serious because a conviction of Driving While License Revoked will result in a one-year suspension of driving privileges.  Since most people cannot go without driving a car, many chose to drive anyways.  If they are caught driving during the one-year suspension period, it will result in an additional Driving While License Revoked charge.  That carries with it a two-year suspension.  A third or more charge will result in a permanent suspension (though you can petition the court for limited driving privilege after two years.   

A Driving While License Revoked charge is extremely serious and not one to take on by yourself lightly.  It would be in your best interest to speak with a Raleigh Traffic Attorney or Durham Traffic Attorney  about your particular case.  There may be an opportunity to avoid a license suspension from the Driving While License Revoked through some plea in District Court. 


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.