Raleigh Traffic Law | The 'Flashing Light' warning

So, I recently got to read an article about a Missouri Driver who was cited for flashing his headlight to warn oncoming of a speed trap down the road.  As is a common practice among motorist, this driver observed a Police Officer on the side of the road checking people's speed with a radar gun.  The Driver decided to flash his headlights to oncoming traffic so they would be aware of the Police Officer and ideally would slow down (which is what the police want in the first place, right?).  The same police officer ended up pulling this driver over and ticketed him under some obscure local law dealing with flashing lights on certain vehicles.

As is completely and totally appropriate, the Driver has filed suit against the city for violating his free speech rights.  As his attorney explained in the article, his conduct of flashing his lights would be no different then stopping into a truck stop and mentioning it to other drivers.  The Government is EXTREMELY limited in it's ability to infringe on an individuals' free speech.  From the perspective of this Wake County Traffic Attorney, flashing his lights was a form of communication that the State has no justifiable reason to try and deter. 

Apparently, this was not the first time an individual was ticketed for flashing his lights.  There was a driver in Florida who filed suit in to 2011 for the same reason.  Apparently, that case was dropped after that police force issued an order requiring their officers to not issue tickets for someone flashing their lights.

Certainly, it can be frustrating for the Police Officers, when they are attempting to conduct traffic safety patrols and their efforts are thwarted by the public communicating with each other; here's the problem with that position.  1. The Police have A LOT of advantages in their efforts of citing and apprehending individuals for traffic and/or criminal matters.  The sheer wealth of knowledge they have with regards to investigating and the requirements to meet standards of proof put the general public at an extreme disadvantage, let alone all of the technology, research, etc. they have at their disposal.  2. A driver flashing their lights hopefully has the effect of causing drivers to slow down, and isn't that really the reason for the police presence on the road in the first place (at least, one of the reasons).  Unless, of course, it could be to issue tickets and generate revenue, but certainly that's not the case.

Honestly, all joking aside, this action by the police is disturbing.  There was no good reason for the police officer to pull this driver over and issue a ticket.  Their conduct, in no way, jeopardized other drivers, and did no violate any laws.  The only logical conclusion was to punish this driver, and deter others from the same conduct. 

If you are in need of a Wake County Traffic Attorney, the Matheson Law Office would be happy to discuss your case with you and provide you with a Free Consultation.  Contact us at 919-335-5291 and we'll go over your case with you.

Raleigh DWI Defense Attorney | Limited Driving Privilege Article on WRAL News

So, today's blog is going to be more of a vent fest then informative due to my frustration over a recent article on WRAL News.  The article in question, which can be found here, is suppose to be an investigatory piece on people who are operating a vehicle under a Limited Driving Privilege who may or may not be adhering to the restrictions placed on these Privileges. 

Now, as a Wake County DUI Attorney, I have drafted hundreds of these privileges and explained them to my clients so that they understand the restrictions they must adhere to.  Where a problem may arise is the section which permits driving from 6:00 am until 8:00 pm for 'work, school, or household needs.'  This is a a bit of a subjective concept as what constitutes 'household needs' can differ.  In all honesty, I do not believe that most police officers expect these drivers to not drive for anything but work, school and maintaining a house.  Even if they did, could getting gas for your car constitute maintaining a house?  What about going to the post office?  Restaurant?  etc.  I would like to believe that so long as they aren't driving after hours or on the weekend when they aren't suppose to, that the police would give them a break.  That being said, I'm certain there are some police officers out there that would cite someone for going out, during the week, within the hours, for some reason that the officer does not believe qualifies under the Privilege.  So, it comes as no surprise to me that the WRAL article found that of the 216 people charged with violating the privilege last year, 142 of those cases were dismissed.  I would assume that in those instances a DA looked at the facts and decided that it didn't rise to the level of criminal and/or that a trial would be a waste of taxpayer money trying to prove that the Driver wasn't operating within the Privilege.

Now, that being said, those that are caught driving after hours, or weekends for reasons other then permitted is a different story.  Driving is only permitted during those days and times by written approval of the Judge for work or school needs, community service or to attend their Substance Abuse Assessment treatment as was court ordered.  I tell my clients that they better being coming to or from these locations otherwise they may get cited.

Anyways, back to the venting, what I first found frustrating was the way this article portrayed these individuals as flaunting their DWI judgment.  A DWI conviction is a serious matter from a serious mistake.  I will never make light of the act of Driving While Impaired, but North Carolina is already one of the more strict states when it comes to sentencing a DWI and they continue to push to make it harder.  The sentence a driver receives, even on a low BAC, first time offense is extremely serious and can be the same as someone with priors and a high BAC depending on circumstances.  Among the many things that comes with a conviction is a one year suspension of driving privileges.  In this day and age, the idea of not being able to drive for a year is a hard pill to swallow.  Fortunately North Carolina allows drivers to receive a Limited Driving Privilege under very specific circumstances, most important of which is to not have any alcohol in their system while operating a vehicle.  By limiting when these individuals can drive, the punishment continues without completely upending their lives completely.  The fact that these drivers are attempting to continue their lives, after being convicted of a DWI, within the presumed guidelines set out on the Privileges is not something that should be portrayed as snubbing their nose at their judgment.

However, my biggest issue with this piece was the fact that the reporter reached out to Mothers Against Drunk Driving for a quote.  In this quote, it was suggested by M.A.D.D. that, in order to try and prevent these types of 'violations' Drivers should have an 'ignition device' installed on their vehicle which controls when the vehicle can be driven.  Unfortunately, the only 'ignition device' this Raleigh DUI Defense Lawyer is aware of is an 'Interlock Device'.  The Interlock Device prohibits a driver from starting and/or operating their car should they have any alcohol on their breath.  Here's the problem, no where in the WRAL article was it alleged that these various examples they provided of individuals driving on their privilege where after having consumed alcohol.  No where did it say these investigative reporters saw an individual come out of a bar after having a drink then drive on their Privilege.  How in the world would installing an Interlock Device help prevent people from driving, STONE SOBER, outside the prescribed limits of their Privilege. 

No, what was suggested was to further punish those that are convicted of a DWI, utilizing a method that in no way addresses the issue at hand.  The reality is, if a Driver is convicted of a DWI in North Carolina, and it's proven they had a BAC of .15 or above, they'll have to get the Interlock Device regardless.  So, how does requiring a person who blew a .08 (or .07 or .06 - read this for further info) but was otherwise driving safely and did not demonstrate substantial impairment benefit from a device that won't let them drive after having taken cough medicine?

If you are facing a DWI in Wake County, please contact the Matheson Law Office for your free consultation at 919-335-5291.  We are happy to go over your case with you and discuss what options you have available.

North Carolina DWI Law | What to Do When You Decide You've Had Too Many

Alright everyone, let's take today's Raleigh DWI Attorney Blog to discuss those who were smart enough to realize they had too much to drink, but still ended up catching a North Carolina DWI Charge. In the best of all worlds, when someone realizes they shouldn't be driving (and when I say, 'shouldn't' that includes realizing that, though you are fine to drive, you could still be arrested and convicted of a DWI regardless of how you 'feel'). For those who figured out this important fact early, they never get behind the wheel and therefore never run the risk of getting a DWI charge. For those who come to this realization AFTER having started driving, this blog will discuss some very basic advice that should be followed to help you avoid getting a 'Driving' While Intoxicated, even though you are driving.

Once you realize you shouldn't be driving, get off the road as soon as you safely can. Preferably find a parking lot or side street where you can park safely. Once parked TURN OFF THE VEHICLE AND REMOVE THE KEYS FROM THE IGNITION! Under North Carolina DWI Law, a Driver can meet the element of 'driving' in the North Carolina Driving While Intoxicated law by having the keys in the ignition and the car running. I have even seen convictions for keys in the ignition and the car NOT running.

Next, get OUT OF THE DRIVER'S SEAT! It's hard to argue that you were driving the vehicle if you are not behind the wheel!

Then, either sleep it off, or call someone to come pick you up.

If the Police were to come by, here are some basic things you need to remember. First, DO NOT ADMIT ANYTHING, but especially do not admit DRIVING! If you have followed these simple suggestions AND you don't admit driving, it will be hard for the State to prove that part of a DWI charge, which will be required for a conviction. If the Police Officer asks you to perform any Field Sobriety Testf and/or ask you to blow into a portable breathalyzer, can you refuse those as well. In fact, the only thing you cannot refuse without consequence is the Intoxilyzer, which is the machine they have you blow in AFTER you have been arrested. If you refuse, you will have your license revoked for 1 year, so it's up to each person whether they refuse or not. However, if you have done what this Raleigh DWI Lawyer suggested and turn off the car, remove the keys, get in the passenger seat or back seat, then you've already done yourself a great favor. With the addition of "Laura’s Law" a DWI Conviction is getting more and more serious, you want to do your best to avoid it!

If you have received a Raleigh DWI Charge or other North Carolina DWI Charge in the area, and are in need of a good Raleigh DWI Lawyer, feel free to contact me at 919-335-5291 to discuss your case for free!

North Carolina Criminal Law | YOUR Court Date!

Back again to posting about my experience as a Raleigh DWI Lawyer and Raleigh Criminal Attorney. Today I found myself in a familiar, if not uncomfortable position. I was in court this A.M. for a court-appointed client. I waited one and a half hours for him to arrive, which he never did. I made a motion to continue the case, however the Judge denied my motion and issued an Order for Arrest. The Judge may have been willing to grant my motion had my client gotten in touch with me before his court date to let me know WHY he was unable to attend today. As it was, I had to admit to the Judge that I have had no contact with this client and could offer no explanation for his absence. To add insult to injury (which I obviously didn't share with the Judge) this client was over an hour late to his previous court date.

I realize coming to court is a big inconvenience. It's schedule during the week, when most people are working. To take time out of your work/life and come sit in a boring courtroom is nobody's idea of fun. But, regardless of how inconvenient it may be, it is still a REQUIREMENT that you attend. This is your court date, and your appearance is mandatory for most North Carolina Criminal Charges.

If, for some reason, you are unable to attend, it is imperative that you contact your Attorney BEFORE your court date so they may have a chance of getting the case continued without you present. Otherwise, you need to be seated in court, on time.

Something to consider, other then having an Order for Arrest being issued against you, is what your Failure to Appear in court can mean for your case. Your Shuck (the envelope which contains all the paperwork about your case) will be marked that you missed your court date. This is something that District Attorneys AND Judge's look at. They pay particular attention to it when being asked for a lenient plea or sentence for that individual's case. The court's position is, everyone else who is required to be there for your case was present, so why weren't you?

So, as a recommendation, do not miss your court date, and if you have something come up, contact your Raleigh DUI Attorney or Raleigh Criminal Attorney as soon as possible!

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 DWI: The Role of the Assistant District Attorney

Today's Raleigh DWI Attorney blog is going to deal with the roll of the Assistant District Attorneys in the prosecution of Criminal Defendants.  Though today's Raleigh DWI Attorney blog deals in the area of Driving While Intoxicated, this blog applies to all criminal prosecution; including traffic. 

First, don't think this blog will be used to bash those who are Assistant District Attorneys.  Though I am currently a DWI Lawyer Raleigh and DWI Lawyer Durham, I was actually sworn in as an Assistant District Attorney before and prosecuted cases for the State of North Carolina.  Many fine attorneys have before, and are currently, quality Prosecutors.  I can tell you from experience, the job is hard, tedious, and often thankless.  No, today's blog will be used to advice you as to the roll they play in the prosecution of your case (hint: it's not normally to assist you).

First, a brief explanation of the U.S. Justice System as it applies to courts.  Our trials are what are known as "adversarial proceedings."  Basically, both sides do their best for the side they represent, and through that effort, the truth is suppose to come out.  Basically, the Assistant District Attorney does their best to represent the State by prosecuting criminal defendants to the best of their ability.  Defendant, either by themselves or with the assistance of counsel, present their best defense.  Many people have discussed the flaws inherent in our system, unfortunately this is the system we have to work within.

So, the Assistant District Attorneys are there to prosecute your case.  If you are your attorney's client, then the Assistant District Attorney's client would be the State.  So, when an Assistant District Attorney is dealing with the facts, as well as dealing with Defendants, their main goal is to serve the needs of the State by prosecuting those cases.  For that reason, the Assistant District Attorney IS NOT normally working in your best interest.  Now, as a caveat, I will acknowledge that certainly there are those Prosecutors who recognize a mistake by the State, and will work to overcome it.  If the evidence is poor, the arrest is flawed, or the case is meritless, the Assistant District Attorney should do what is right and dismiss the case.  Unfortunately, though the Prosecutor may do the right thing, you cannot count on it when it comes to the defense of your case. 

First, the Defendant should never acknowledge anything to the Assistant District Attorney with regards to the facts of the case.  Again, they are working for the State, so admitting anything can AND WILL come up in trial or at least in their decision in how to handle your case. 

Second, the Assistant District Attorney CAN NOT and WILL NOT provide you with legal advice, so don't ask.  In fact, it would violate Ethical Rules of the North Carolina Bar if they were to advice you.  As mentioned before, they represent the State, they are the adverse party, they cannot advice you as to how to handle your case, whether to accept a plea, or what could happen if you go to trial.  I can recount many-a-times when I was a Prosecutor, where I knew what the Defendant should do, but couldn't tell them.  This is why it is ALWAYS a good idea to speak with a Cary Criminal Attorney, Apex Criminal Attorney, Raleigh Criminal Attorney or Durham Criminal Attorney about your case.  If you are considering representing yourself, consider the fact that most attorney's fees are reasonable when compared to the potential consequences that a Defendant could face.  Though no outcome should ever be guaranteed by a Criminal Defense Attorney, it's always a good idea to hedge your bets. 

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.

North Carolina Field Sobriety Test: Walk and Turn Test

In my previous post, I discussed North Carolina DWI Stops and the North Carolina Field Sobriety Test:  known as the One-Legged Stand Test (I also added the Horizontal Gaze Nystagmus Test). I will now move on to a discussion regarding the Walk and Turn Test.

As explained before, there are three standard tests used by North Carolina Police Officers when conducting a stop for Driving While Intoxicated:  The One-Legged Stand Test, The Walk and Turn Test, and the Horizontal Gaze Nystagmus.  The Walk and Turn Test, like the One-Legged Stand Test, is both a balance test as well as a divided attention test.  Obviously, someone who is impaired above the legal limit will have some difficulty with their balance.  However, studies have shown that those that are intoxicated also have trouble dividing their attention between two tasks; specifically, maintaining their balance while concentrating on completing another task.

During the Administration of the Walk and Turn Test, the Driver is asked to stand, heel-to-toe on a either an actual line, or imaginary line, while the instructions are given.  They are told not to begin the test until the instructions are finished.  The Officer then explains that they want the Driver to take nine heel-to-toe steps along the line.  Once they reach step nine, the front foot stays in place while the other foot takes small steps around in a half circle until the Driver is turned 180 degrees.  They are then to take nine heel-to-toe steps back.  During the test, the Driver is to keep their hands at their side, look at their feet, and count to nine.  Normally, the Officer will demonstrate several steps as well as the turn as they give the instructions.

During the test, the Officer is looking for nine 'clues.'  Clues are actions taken by the Driver which are suppose to indicate some impairment.  For this test, only two clues are needed to qualify the Driver as having an impairment of .10 or more.  The nine clues are as follows:

1. Cannot keep balance while listening to the instructions.
2. Starts before the instructions are finished.
3. Stops while walking to steady self (does not include merely walking slowly).
4. Does not touch heel-to-toe (only if the gap is more than 1/2 inch).
5. Steps off the line.
   
6. Use arms to balance (only if the Driver raises one or both hands more than 6 inches from their body).
   
7. Loses balance while turning.
   
8. Incorrect number of steps.
9. Cannot do the test (this will result in 9 clues being recorded against the Driver).

 As I will mention in each of these reviews, and as is more thoroughly covered on my Raleigh Criminal Attorney website, you should never agree to participate in any Field Sobriety Tests.  These tests are never 100% accurate and therefore can possibly lead to an arrest for someone not impaired.  Additionally, regardless of how well you think you will do, whatever happens during the test CAN and WILL be used against you should you be arrested.  There is no reason to provide the Officers and Prosecutors MORE evidence to use against you.  It is your CHOICE to perform the Field Sobriety Tests.  Eventually, I will blog about the Intoxilyzer and Intoximeter, which are the two different 'Breathalyzer' machines approved for used after arrest (not, this is different the the AlcoSensor, which is the machine used before arrest) and though it is your choice to provide a breath sample, refusing to do so carries with it consequences you should be aware of before you make that decision.  If you want an overview of these machines and consequences immediately, then you can go here for information: North Carolina Breathalzyer.

North Carolina Field Sobriety Test: One-Legged Stand

So, this will be an overview of North Carolina DWI Field Sobriety Tests.  The three main Field Sobriety Tests used by police officers  are the One-Legged Stand, the Walk-and-Turn, and the Horizontal Gaze Nystagmus test.  Today's Raleigh DWI Attorney Blog will deal with the One-Legged Stand.  As a Raleigh DWI Attorney or DWI Attorney Raleigh, I have had ample opportunity to explore each of these tests.

Field Sobriety Tests are those tests  requested (note: NOT required) of people the Officer feel may be Driving While Impaired.  They are performed outside of the vehicle, normally on the side of the road or the nearest safe location.  The 'Standardized Field Sobriety Test' (as it is officially known) was created by the National Highway Traffic Safety Administration.  The purpose of the tests is to ascertain whether the person being tested is "appreciable impaired" such that they have violated the North Carolina DWI law.

First to be evaluated is the One-Legged Stand.  In this test, the Driver is requested to first stand with their feet shoulder-width apart as the instructions are given.  The Officer will explain the Driver is to stand on one foot, whichever the Driver chooses, while elevating the other foot 6-8 inches off the ground.  The elevated foot should be pointed straight up.  The Driver is to keep their hands at their side and stare at their foot while they count to 30 to themselves.  Once 30 has been reached, the Driver can put their foot down and the test is over.

During the test, the officer is looking for several 'clues.'  'Clues' are what is suppose to indicate whether the driver is appreciable impaired.  Obviously, the more 'clues' the Officer observes, the more likely the driver is impaired.  The clues for the One-Legged Stand are putting the elevated foot down before 30, swaying, using hands for balance, and hopping to maintain balance.

As I will mention in each of these reviews, and as is more thoroughly covered on my Raleigh Criminal Attorney website, you should never agree to participate in any Field Sobriety Tests.  These tests are never 100% accurate and therefore can possibly lead to an arrest for someone not impaired.  Additionally, regardless of how well you think you will do, whatever happens during the test CAN and WILL be used against you should you be arrested.  There is no reason to provide the Officers and Prosecutors MORE evidence to use against you.  It is your CHOICE to perform the Field Sobriety Tests.  Eventually, I will blog about the Intoxilyzer and Intoximeter, which are the two different 'Breathalyzer' machines approved for used after arrest (not, this is different the the AlcoSensor, which is the machine used before arrest) and though it is your choice to provide a breath sample, refusing to do so carries with it consequences you should be aware of before you make that decision.  If you want an overview of these machines and consequences immediately, then you can go here for information: North Carolina Breathalzyer.

Raleigh DWI Attorney Blog | Intros

So, in posting my first blog post, I jumped the gun and learned that an introductory blog is normally appropriate.  I am an attorney in North Carolina who handles Raleigh Criminal Defense and Durham Criminal Defense.  In addition to Criminal Defense, I also am a Raleigh Traffic Attorney, with a special focus on handling Raleigh DWI charges and Durham DWI charges.  Since this is a focus of my practice, I thought it practical the title of the blog be Raleigh DWI attorney blog, even though my area of practice is slightly more broad. 
This blog is to serve as a way to keep my clients, as well as potential clients and the general public on the happenings in the world of DWI; specifically North Carolina DWI information.  Hopefully, if you are reading this, you will find the information that will follow as useful.
Beyond my practice, I have several interests that I try to maintain.  First and foremost is my family, I am married with no children (yet).  We have two wonderful pups we rescued, Mungo and Molly; both mutts.  I enjoy automotive restoration and fabrication, almost any outdoor activities, and when time permits, cheering on my Carolina Hurricanes.  Recently, I have even taken up Adult amateur ice hockey, which I am really enjoying.
That is all for now, please subscribe, or just check back often as I intend to keep this blog updated constantly.

Cheers!