Raleigh DWI Trial | Why Not Go To Trial?

Recently, I was having lunch with another North Carolina DWI Attorney. Included in this Attorney's practice is Raleigh/Durham DWI Defense. I was explaining to him a case I had coming up the following day. As we went over the facts, I explained to him that I intended to call this matter for trial. He reiterated to me the facts of the case I had just explained and asked me what there was to have a trial on. I explained to him my strategy for trial and that was the end of the conversation. As it turned out, neither of us were proven correct as I didn't get to trial. Rather, the Prosecutor was forced to dismiss my client's North Carolina DWI Charge due to the fact that the Police Officer was in training the day of trial and would not be able to make it. Now, when this normally happens, the State would just ask for a continuance, the Judge would grant it, and the State would get another opportunity to get their Police Officer in for this Durham DWI Trial. In this particular case, I had already called it for trial before and at that time, the Officer wasn't available, so the State was forced to continue it, and the Judge explained that it would not be continued again. Fast-Forward to the new court date, Officer isn't available, and the Judge denied State's motion. Though the State has the option of re-charging my client (which I find totally unconstitutional, but unfortunately, presently acceptable due to case law) my client and me are hoping that this will be the end of the ordeal. I write about this today because it struck me as odd that my friend would think it shouldn't be tried. First, I felt that my arguments I planned to make in my Pre-trial motions to suppress had a decent change of being persuasive, in which case, had the Judge granted my Motion to Suppress, the case would have had to been dismissed or the motion appealed (the latter being the more common practice in this particular county). But, more importantly, I feel like most DWI charges should be taken to trial. I believe there are many reasons for this, but most importantly is, the trial is the unknown; you never know what will happen. You may have a good idea as to what will happen, but can't be sure. But, you may ask, what about pleading them out instead of trial? Well, funny you should (rhetorically) ask. In the counties that I practice (Wake, Durham and Harnett) as I assume in all other North Carolina Counties, the Prosecutor will not plead out a North Carolina DWI Charge to something other then a DWI charge. They will almost always dismiss the other associated charges (like if they originally pulled you for speeding) but not the DWI. So, a Defendant's only hope of avoiding the DWI charge is trial. In my conversations with other Raleigh DWI Attorneys, I am starting to get the impression that my theory is more in the minority then the majority. If true, I find this very upsetting. I charge a middle-of-the-road rate for representing someone facing a North Carolina DWI Charge. My fee is, what I believe to be, a fair representation of the time and effort I put into a case (well, technically, I think I should earn more, but the market being what it is, I do have to be competitive). Every client I get who is facing a North Carolina DWI Charge I spend a good amount of time investigating their case in order to determine whether their are any try-able facts. Even if there is nothing to hang a Defense on, my recommendation is almost always trial, just to see what happens. The North Carolina DWI Sentence the DWI Defendant faces is the same whether they plead guilty or are found guilty. So, unless there are other charges which could be dismissed that the Defendant wants to avoid, the best bet is almost always trial. Which brings me back to my conversation with the other Durham DWI Lawyer. Granted, my client had indication of impairment at the time of the arrest (though not enough, in my assessment) and he blew above the limit. For all intents and purposes, my client was likely guilty of Driving While Impaired. However, I felt there were problems with the stop and the arrest (see my blog post about defending these types of Constitutional issues and why it is important) and decided to have a trial. For my efforts, my client has avoided a DWI conviction (though not without punishment, when you consider multiple trips to court - time and money, my cost, losing his driving privilege for 30 days, $100 for the implied consent offense fee, and he completed a Substance Abuse Assessment in anticipation of a conviction). I guess my point is, this is an instance where due diligence and an eye on trial paid off for my client and should be the practice of all Raleigh DWI Attorneys.

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 Criminal Law | Catching a Break

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

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

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

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

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

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

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

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

Good luck out there!

North Carolina DWI Law: Your Right to Refuse

I believe I have cased over this topic in previous blogs, but this is of such importance, I feel I need to go over it once more (and probably will periodically in hopes of it helping potential DWI Defendant's). For those faced with a North Carolina DWI Stop, and specifically a Raleigh DWI Stop many things happen very quickly for which you are likely not prepared for. As a Raleigh DWI Lawyer and Cary DWI Lawyer, most of my clients address their concerns with me regarding what happened during their stop and what it means. What I am speaking about specifically is the questioning, the pre-exit tests, Field Sobriety Test and the Portable Breathalyzer Test. Obviously, there is more to a DWI stop (and eventual arrest) for which a Defendant can be confused, but this article is going to focus on the pre-arrest steps that the Police Officer takes and what options you have available for you.

First, and most important, ALL requests of the Driver which occurs prior to the Driver being arrested CAN (AND SHOULD) BE REFUSED! That's right, refuse to answer questions, refuse to participate in pre-exit tests (normally in the form of counting, alphabet or finger dexterity tests), refuse to participate in any Field Sobriety Tests and refuse to blow into the Portable Breathalyzer Test (not to be confused with the Intoxilyzer or Intoximeter, which are the machines you blow in after your arrest). Each and every one of these functions of a DWI stop are done voluntarily and you have the right to refuse to do any of them. Though you may still be arrested if you refuse to participate, you are doing yourself a favor by refusing in assisting me with your North Carolina DWI Defense.

You see, these tests serve two purposes for the Police Officer: 1. they allow them to build enough evidence to find Probable Cause to justify your arrest and 2. they are used as evidence against you at your trial and/or North Carolina DWI Sentencing. Most people do not know that these questions and tests are participated in voluntarily and normally agree to do them for one of two reasons; either because they believe they are required to cooperate or they believe it will help them with their ticket. The fact is, there is no requirement to consent to any of these tests and no requirement to answer the Police Officer's questions. Additionally, unless you stone-cold sober, chances are performing these tests are not going to get you out of being arrested and certainly will not help if you have been drinking.

Worse then these misconceptions about what a Driver is required to do is the fact that Police Officers are aware that people have the misconceptions and use that to their advantage. I can't tell you how many times my clients have told me that an officer "asked" them to perform a test by simply saying "I'm going to have you perform some tests, okay?" The phrasing carries with it the tone that the Officer is acting within the scope of what they can have you do. I've even had one client tell me his Officer told him "I'm going to have you perform one more test, then I'll probably let you go." The Officer said this after each of the three Field Sobriety Tests and, as you can guess considering he is my client, ended up arresting him.

Lastly, just to be sure we are completely clear, what I have recommended with regards to refusing to participate in any pre-arrest questions and/or tests does not carry over to post-arrest where the Driver is asked to blow into the Intoxilyzer or Intoximeter. This request to blow is done under North Carolina's Implied Consent Law and carries with it a mandatory one-year suspension of driving privileges if you refuse. Additionally, the Driver will not be able to get a Limited Driving Privilege for the first 6 months. Lastly, if the Driver refuses, the Officer can still get a warrant and draw their blood for evidence. For these reasons, whether to refuse the Intoxilyzer or Intoximeter is a personal decision which every individual needs to make and I make no recommendations one way or the other.

So, if you are ever facing a DWI stop, remember to refuse to answer any questions and refuse to participate in any tests.