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.
Showing posts with label Raleigh Traffic Attorney. Show all posts
Showing posts with label Raleigh Traffic Attorney. Show all posts
Tuesday, July 23, 2013
Wednesday, June 26, 2013
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.
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.
Monday, June 10, 2013
Raleigh DWI Lawyer | Wake County Courthouse's DWI Courtroom Not Adhering to Local Rules
So, for anyone who's ever been through a DWI charge in Wake County, they may have heard a reference to a courtroom '5C.' As a Raleigh DWI Defense Attorney, I have resolved many cases in courtroom 5C and though it has gone through several revisions recently, it has come to be a tried and true way to try and resolve Wake County DWI trials in an efficient method.
First, for clarification, courtroom 5C is a courtroom set aside just for DWI trials. Now, in many cases DWI cases are plead in 5C for one reason or another, but for the most part, it's there for DWI trials. The purpose of courtroom 5C was to allow the State to organize their case so that on the date of trial, they had all necessary witnesses and the case would not be unnecessarily continued taking up the court and the Defendant's time. This differs from regular district court in that in regular court, the Defendant and/or Defense counsel come to court and if the State is not prepared to proceed to trial that day, the case will be continued. This option of a continuance goes both ways as the Defendant and/or their defense attorney can continue a case if they are not ready to proceed on the court date. Obviously, this cannot go on forever, so both sides can eventually run out of continuances and will be forced to proceed with their case at that time.
However, with courtroom 5C, was used to transpire was the State would motion to continue to place the case in 5C, where no date certain would be provided. Then, at a later point, once the State is certain they can proceed with the case, they set the court date and notify the Defendant. Well, this Wake County Defense Attorney, along with many others, took exception to this design as the State was being given an unfair advantage in setting the trial date at their leisure. As a result of the Defense Bar's complaints, Wake County Courthouse changed local rules so that once a matter was set to 5C, and administrative date was set, and on that date, the trial date would be set. This seemed to be a fair compromise as both the State and the Defendant were provided a date certain for their trial and could plan accordingly. Unfortunately, this has NOT been how this court has been handled recently.
Five times this year alone, and four in the last month, I have had DWI trials set in 5C. On those dates, myself, my clients and sometimes my clients family would show up to court on their date ready to argue our case. On these particular dates, the State was NOT ready proceed with their case and a District Court Judge granted the State's motion to continue to another date for trial. Now, you may be saying to yourself that certainly the State must have a good reason to continue the case from it's original trial date, which has been in place for months. Certainly there's some medical emergency or unforeseen circumstances in which the State could not have anticipated and therefore should be given another opportunity to try the case; NOPE! In each of these cases, the State had to try and continue the case because they failed to subpoena their witnesses; in other words, they weren't prepared for trial. And in each of these cases, the sitting Wake County District Court Judge granted State's motion to continue. Could you image if I, as a Raleigh DWI Attorney, stood up for that same Judge, in a courtroom with the State and State's witnesses ready to proceed, and asked to continue a case set for trial for the sole reason that, though I was aware of the trial date for months, I simply was not prepared to try the case because I didn't do my job?
What's worse, if the Judge had denied the State's motion, the State would have been forced to dismiss the case, but they would NOT be without recourse. The State enjoys the privilege, not only have being able to set the dates for trials, but also to refile charges against Defendants that have been dismissed without prejudice. So, the State, if they so chose, could have refiled the charges if they felt strongly enough about prosecuting my clients.
But alas, this is what has happened. My clients day in court was pushed off for lack of due diligence on the part of the State and the Judges rewarded this lack of preparedness by permitting the case to be continued. What is especially frustrating about this process is the fact that this is contrary to local rules. Certainly, Judge's enjoy the discretion in granting these motions, and under unforseen circumstances I would have no complaint. But the whole purpose of courtroom 5C was to allow the Defendant and the State to be given a date certain for trial in order to prepare accordingly and not waste precious judicial resources by needlessly continue cases over and over as both sides prepare.
So, from here forward, when my clients hire me as their Raleigh DWI Lawyer, I will fight vigorously in opposing in State's motions to move a case to 5C as the State enjoys the benefit of multiple bites at the apple to prepare for trial while the Defendant is left wondering why their case is not being heard when it is suppose to.
First, for clarification, courtroom 5C is a courtroom set aside just for DWI trials. Now, in many cases DWI cases are plead in 5C for one reason or another, but for the most part, it's there for DWI trials. The purpose of courtroom 5C was to allow the State to organize their case so that on the date of trial, they had all necessary witnesses and the case would not be unnecessarily continued taking up the court and the Defendant's time. This differs from regular district court in that in regular court, the Defendant and/or Defense counsel come to court and if the State is not prepared to proceed to trial that day, the case will be continued. This option of a continuance goes both ways as the Defendant and/or their defense attorney can continue a case if they are not ready to proceed on the court date. Obviously, this cannot go on forever, so both sides can eventually run out of continuances and will be forced to proceed with their case at that time.
However, with courtroom 5C, was used to transpire was the State would motion to continue to place the case in 5C, where no date certain would be provided. Then, at a later point, once the State is certain they can proceed with the case, they set the court date and notify the Defendant. Well, this Wake County Defense Attorney, along with many others, took exception to this design as the State was being given an unfair advantage in setting the trial date at their leisure. As a result of the Defense Bar's complaints, Wake County Courthouse changed local rules so that once a matter was set to 5C, and administrative date was set, and on that date, the trial date would be set. This seemed to be a fair compromise as both the State and the Defendant were provided a date certain for their trial and could plan accordingly. Unfortunately, this has NOT been how this court has been handled recently.
Five times this year alone, and four in the last month, I have had DWI trials set in 5C. On those dates, myself, my clients and sometimes my clients family would show up to court on their date ready to argue our case. On these particular dates, the State was NOT ready proceed with their case and a District Court Judge granted the State's motion to continue to another date for trial. Now, you may be saying to yourself that certainly the State must have a good reason to continue the case from it's original trial date, which has been in place for months. Certainly there's some medical emergency or unforeseen circumstances in which the State could not have anticipated and therefore should be given another opportunity to try the case; NOPE! In each of these cases, the State had to try and continue the case because they failed to subpoena their witnesses; in other words, they weren't prepared for trial. And in each of these cases, the sitting Wake County District Court Judge granted State's motion to continue. Could you image if I, as a Raleigh DWI Attorney, stood up for that same Judge, in a courtroom with the State and State's witnesses ready to proceed, and asked to continue a case set for trial for the sole reason that, though I was aware of the trial date for months, I simply was not prepared to try the case because I didn't do my job?
What's worse, if the Judge had denied the State's motion, the State would have been forced to dismiss the case, but they would NOT be without recourse. The State enjoys the privilege, not only have being able to set the dates for trials, but also to refile charges against Defendants that have been dismissed without prejudice. So, the State, if they so chose, could have refiled the charges if they felt strongly enough about prosecuting my clients.
But alas, this is what has happened. My clients day in court was pushed off for lack of due diligence on the part of the State and the Judges rewarded this lack of preparedness by permitting the case to be continued. What is especially frustrating about this process is the fact that this is contrary to local rules. Certainly, Judge's enjoy the discretion in granting these motions, and under unforseen circumstances I would have no complaint. But the whole purpose of courtroom 5C was to allow the Defendant and the State to be given a date certain for trial in order to prepare accordingly and not waste precious judicial resources by needlessly continue cases over and over as both sides prepare.
So, from here forward, when my clients hire me as their Raleigh DWI Lawyer, I will fight vigorously in opposing in State's motions to move a case to 5C as the State enjoys the benefit of multiple bites at the apple to prepare for trial while the Defendant is left wondering why their case is not being heard when it is suppose to.
Tuesday, June 4, 2013
Wake County Criminal Defense | DNA Swabs of Arrestees
Well, it happened. The Supreme Court has ruled in the case of Maryland V. King where an individual was arrested for an assault charge when his DNA was taken from a swab of his mouth and was used to convict him of an unresolved rape case. While convicting a rapist is certainly good for the public, the broader issue of personal security and Constitutional rights against unreasonable searches leaves this Raleigh DWI Attorney with a heavy heart.
The issue at hand in this case was whether the swabbing of the mouth of an arrestee could be taken without first establishing probable cause to procure this evidence through a 'search.' Now, the State argued that this did not constitute a 'search' in the Constitutional sense but rather that it was more of a booking process like finger printing and photos being taken of arrestees. However, booking procedures are used to ensure identity of the individual they have in front of them. If the person arrested gave a false name at the time of the arrest, the Officers can cross reference the name with a DMV photo and physical description and the finger prints can be verified against any prior finger prints taken from the arrestee and/or the person who's name was given. DNA evidence, on the contrary is very limited in it's ability to verify the identify of the arrestee in that there is no running database of individuals DNA make up in addition to the fact that the testing is expensive makes this argument flawed.
However, regardless of where you may fall on the State's argument, the intrusion involved in this case cannot be understated. The Constitution provides all people in America the protection from unreasonable searches and seizures. For various levels of actions performed by the State, they must meet a 'standard of proof' which will justify an action that would otherwise be deemed unconstitutional. Many people are aware of 'reasonable suspicion' and 'probable cause.' These two standards of proof dictate when a police officer can stop an individual and when they can search that individual, their car, home, etc. These standards of proof are in place to try and prohibit the State from acting without restriction in their pursuit of criminals. We, as the general public, should not live in fear that we will be stopped for no good reason or searched just because. If the State is unable to prove they had reasonable suspicion to stop or probable cause to search, then any evidence acquired as a result of these stops and/or searches is deemed inadmissible. The routine swabbing of an individuals mouth to collect their DNA information of an ARRESTEE is unconstitutional and performed without probable cause.
In our great nation, an individual arrested for a crime enjoys the right of being held innocent until proven guilty. The sheer fact that an individual has been arrested does not, in any way, imply they are guilty of the crime as far as our justice system is concerned. Unfortunately, in our society, the perception is to the contrary and people assume those arrested are in fact guilty, otherwise why were they arrested in the first place. However, after handling hundreds of cases as a Raleigh Criminal Defense Lawyer, I can tell you that innocent people do, in fact, get arrested.
Individuals who are arrested, innocent or not, enjoy the same protection. That protection includes the right which prohibits the State from performing a search without first determining there was probable cause to search. The probable cause must be that it is more probable then not that the individual being searched or the items searched for, are related to the crime for which the individual is being charged or location being searched. A routine swab of arrestees mouths is not with probable cause as the State, in most cases, will struggle in proving that the evidence of the individuals DNA makeup would futher assist them in their prosecution of the individual.
I'm certain that many proponents for this DNA swabbing are excited about the prospect of all the cold cases that may be solved as a result of this not, Supreme Court sanction actions. However, convictions of crimes alone are not enough to justify the State exceeding their reach over our Constitutional Rights. As Justice Scalia pointed out during arguments, a whole plethora of cases could be solved if we set aside standards of proof and allowed the State to proceed without limitations in their detaining and searching of individuals, but that end does not justify the mean.
As a Wake County DWI Attorney and Criminal Attorney, it has been my pleasure to serve as the defense attorney for individuals facing charges in the Raleigh Courthouse. If you are in need of a criminal attorney, contact my office for a free consultation at 919-335-5291.
The issue at hand in this case was whether the swabbing of the mouth of an arrestee could be taken without first establishing probable cause to procure this evidence through a 'search.' Now, the State argued that this did not constitute a 'search' in the Constitutional sense but rather that it was more of a booking process like finger printing and photos being taken of arrestees. However, booking procedures are used to ensure identity of the individual they have in front of them. If the person arrested gave a false name at the time of the arrest, the Officers can cross reference the name with a DMV photo and physical description and the finger prints can be verified against any prior finger prints taken from the arrestee and/or the person who's name was given. DNA evidence, on the contrary is very limited in it's ability to verify the identify of the arrestee in that there is no running database of individuals DNA make up in addition to the fact that the testing is expensive makes this argument flawed.
However, regardless of where you may fall on the State's argument, the intrusion involved in this case cannot be understated. The Constitution provides all people in America the protection from unreasonable searches and seizures. For various levels of actions performed by the State, they must meet a 'standard of proof' which will justify an action that would otherwise be deemed unconstitutional. Many people are aware of 'reasonable suspicion' and 'probable cause.' These two standards of proof dictate when a police officer can stop an individual and when they can search that individual, their car, home, etc. These standards of proof are in place to try and prohibit the State from acting without restriction in their pursuit of criminals. We, as the general public, should not live in fear that we will be stopped for no good reason or searched just because. If the State is unable to prove they had reasonable suspicion to stop or probable cause to search, then any evidence acquired as a result of these stops and/or searches is deemed inadmissible. The routine swabbing of an individuals mouth to collect their DNA information of an ARRESTEE is unconstitutional and performed without probable cause.
In our great nation, an individual arrested for a crime enjoys the right of being held innocent until proven guilty. The sheer fact that an individual has been arrested does not, in any way, imply they are guilty of the crime as far as our justice system is concerned. Unfortunately, in our society, the perception is to the contrary and people assume those arrested are in fact guilty, otherwise why were they arrested in the first place. However, after handling hundreds of cases as a Raleigh Criminal Defense Lawyer, I can tell you that innocent people do, in fact, get arrested.
Individuals who are arrested, innocent or not, enjoy the same protection. That protection includes the right which prohibits the State from performing a search without first determining there was probable cause to search. The probable cause must be that it is more probable then not that the individual being searched or the items searched for, are related to the crime for which the individual is being charged or location being searched. A routine swab of arrestees mouths is not with probable cause as the State, in most cases, will struggle in proving that the evidence of the individuals DNA makeup would futher assist them in their prosecution of the individual.
I'm certain that many proponents for this DNA swabbing are excited about the prospect of all the cold cases that may be solved as a result of this not, Supreme Court sanction actions. However, convictions of crimes alone are not enough to justify the State exceeding their reach over our Constitutional Rights. As Justice Scalia pointed out during arguments, a whole plethora of cases could be solved if we set aside standards of proof and allowed the State to proceed without limitations in their detaining and searching of individuals, but that end does not justify the mean.
As a Wake County DWI Attorney and Criminal Attorney, it has been my pleasure to serve as the defense attorney for individuals facing charges in the Raleigh Courthouse. If you are in need of a criminal attorney, contact my office for a free consultation at 919-335-5291.
Friday, May 31, 2013
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.
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.
Tuesday, September 13, 2011
Raleigh DWI Attorney Blog | "Run and Your Done" law explained
A new North Carolina Traffic Law, the “Run and You're Done” bill, has been approved and is ready to be fought out in court by Raleigh Traffic Attorneys. This bill was signed by Governor Perdue June 23, 2011 (the same time as "Laura's Law"). This law, which will go into effect December 1, 2011, is meant to deter Felony Speeding to Elude. The "Run and Your Done" law allows North Carolina police to impound the vehicle of a Defendant convicted of felony speeding to elude. The Defendant's car or truck will be auctioned off with the proceeds to be given to North Carolina School Systems.
Carrying a similar catchy name as "Booze it and Lose it" and "Click it or Ticket" the "Run or You're Done" law is meant to serve as notice to the general public. The idea being that the name, being catch, will stick in the mind of anyone contemplating running from the police in a vehicle.
In 2010 in North Carolina alone, over 2100 people were issued citations for Felony Speeding to Elude. During that time, many people's lives were put at risk, and some deaths occurred. Recently, a Defendant was found guilty of 2nd Degree Murder for the death of a police officer who crashed is cruiser while responding to a chase involving the Defendant. In addition, many of these cases of Felony Speeding to Elude of involved Defendants exceeding 100 miles per hour. In fact, just this June a Defendant was cited for going 160 miles per hour while trying to elude North Carolina State Highway Troopers on Highway N.C. 24
Luckily for some, there is an exception in the new law which protects innocent third parties. If the vehicle the Defendant is driving during the Felony Speeding to Elude belongs to someone else, the owner can regain possession of their vehicle. But, should that same owner have their vehicle used in a subsequent Felony Speeding to Elude by the Defendant, the vehicle will be taken and sold at auction.
Carrying a similar catchy name as "Booze it and Lose it" and "Click it or Ticket" the "Run or You're Done" law is meant to serve as notice to the general public. The idea being that the name, being catch, will stick in the mind of anyone contemplating running from the police in a vehicle.
In 2010 in North Carolina alone, over 2100 people were issued citations for Felony Speeding to Elude. During that time, many people's lives were put at risk, and some deaths occurred. Recently, a Defendant was found guilty of 2nd Degree Murder for the death of a police officer who crashed is cruiser while responding to a chase involving the Defendant. In addition, many of these cases of Felony Speeding to Elude of involved Defendants exceeding 100 miles per hour. In fact, just this June a Defendant was cited for going 160 miles per hour while trying to elude North Carolina State Highway Troopers on Highway N.C. 24
Luckily for some, there is an exception in the new law which protects innocent third parties. If the vehicle the Defendant is driving during the Felony Speeding to Elude belongs to someone else, the owner can regain possession of their vehicle. But, should that same owner have their vehicle used in a subsequent Felony Speeding to Elude by the Defendant, the vehicle will be taken and sold at auction.
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