PRACTICE AREAS:
Criminal Defense;
Traffic Matters;
Driving While Impaired (DWI) Representation;
DMV License Restorations;
DMV Compliance Hearings;
DMV Interlock Restriction Violation Hearings;
DMV Refusal Hearings;
Expungements/ Expunctions;
State Administrative Hearing and Appeals
Criminal Defense: It is our job as attorneys to represent persons who find themselves as defendants in a criminal proceeding. Crimes can range in severity from infractions to misdemeanors to felonies. If found guilty, punishments can range from a minor fine or community service to years in prison or even death.Stellar representation during proceedings (pre-trial and during trail) is critical for those charged with committing criminal wrongdoing. The U.S. Constitution ensures that all citizens charged with a crime will be provided representation.
Should you have reason to believe that you will be charged with a crime, contact our office beforehand. We will begin a dialogue with the District Attorney’s office to ensure there is probable cause for the prosecuting attorney to proceed with a warrant, indictment, or information against you. Should probable cause be found, then we will strategize with you and your witnesses to analyze your case and identify its strengths and weaknesses. To check your criminal court date, time, and courtroom assignment throughout the state of North Carolina, please click here.
What is a search warrant? A search warrant is a court order and process directing a law-enforcement officer to search designated premises, vehicles, or persons for the purpose of seizing designated items and accounting for any items so obtained to the court which issued the warrant.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it:
(1) Is stolen or embezzled; or
(2) Is contraband or otherwise unlawfully possessed; or
(3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or
(4) Constitutes evidence of an offense or the identity of a person participating in an offense.
The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under G.S. 15A-242, he may also take possession of the items so discovered.
Traffic Matters: Almost everyone has felt that sinking feeling of seeing blue lights in their rear-view mirror. If you have, within a three-year period, accumulated 12 or more points, The Division of Motor Vehicles shall have authority to suspend your driver’s license. DMV can also suspend your license if you are convicted of one or more offenses of high-rate speeding within a year’s period. Contact us for further information.
It is easy to accumulate points. Below are the points assigned for offenses if you are driving with a regular Class C driver’s license. If you are the holder of a commercial driver’s license, the points skyrocket.
Passing stopped school bus........................................................................................... 5
Aggressive driving........................................................................................................ 5
Reckless driving............................................................................................................ 4
Hit and run, property damage only............................................................................... 4
Following too close....................................................................................................... 4
Driving on wrong side of road...................................................................................... 4
Illegal passing................................................................................................................ 4
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b.............................................................................. 4
Failure to yield right-of-way to bicycle, motor scooter, or motorcycle........................................................................................ 4
Running through stop sign............................................................................................ 3
Speeding in excess of 55 miles per hour....................................................................... 3 A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor.
Failing to yield right-of-way......................................................................................... 3
Running through red light............................................................................................. 3
No driver's license or license expired more than one year............................................ 3
Failure to stop for siren................................................................................................. 3
Driving through safety zone......................................................................................... 3; A person who drives a motor vehicle in a highway work zone at a speed greater than the speed limit set and posted under this section shall be required to pay a penalty of two hundred fifty dollars ($250.00).
No liability insurance.................................................................................................... 3
Failure to report accident where such report is required............................................... 3
Speeding in a school zone in excess of the posted school zone speed limit............................................................................................................ 3
Failure to properly restrain a child in a restraint or seat belt......................................... 2
All other moving violations........................................................................................... 2
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle............................................................................... 1
Serious Traffic Matters include a conviction of one of the following offenses when operating a commercial or other motor vehicle:
o Excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit.
o Careless and reckless driving.
o A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.
o Improper or erratic lane changes.
o Following the vehicle ahead too closely.
o Driving a commercial motor vehicle without obtaining a commercial driver’s license.
o Driving a commercial motor vehicle without a commercial driver’s license in the driver's possession.
o Driving a commercial motor vehicle without the proper class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.
Prayer for Judgment Continued (“PJC”)
What Is a PJC? A “PJC is a procedural device where, after a defendant’s guilt is established by plea or trial, a judge decides not to impose a final judgment and sentence immediately upon the defendant.” - See more by clicking here.
How often can a PJC be used?
First of all, in traffic matters, PJCs are granted per household – not individually.
When is a PJC unusable?
When is a PJC is prohibited?
Driving While Impaired (DWI) Representation
Fun Fact: As of 2006, you can no longer be convicted of impaired driving if you are riding a horse. Lawnmower, though? Yes – you can still be found guilty.
Have you been convicted of an out-of-state DWI and are now facing a DWI in North Carolina? The prior impaired driving conviction can be used against you for sentencing purposes in the North Carolina DWI – See Conviction of a Similar Offense in Another Jurisdiction — Although the definitions of “impairment” under North Carolina and New York laws are not identical and the statutes do not “mirror” one another, they are “substantially equivalent”; consequently, the trial court did not err in determining that defendant's prior conviction under New York law was a grossly aggravating factor in sentencing him under North Carolina law. State v. Parisi, 135 N.C. App. 222, 519 S.E.2d 531 (1999).
Legal Definitions of Relevant Terms to Your Case. These terms may have more complex meaning when used with respect to your legal case or DMV case. It is important you know the difference. All definitions can be found in Chapter 20 of the North Carolina General Statutes.
b. Total property damage of one thousand dollars ($1,000) or more, or property damage of any amount to a vehicle seized pursuant to G. S. 20-28.3.
1. Any public or private hospital, college, university, school, orphanage, church, or any of the institutions, parks or other facilities maintained and supported by the State of North Carolina or any of its subdivisions.
2. Any service station, drive-in theater, supermarket, store, restaurant, or office building, or any other business, residential, or municipal establishment providing parking space whether the business or establishment is open or closed.
3. Any property owned by the United States and subject to the jurisdiction of the State of North Carolina. (The inclusion of property owned by the United States in this definition shall not limit assimilation of North Carolina law when applicable under the provisions of Title 18, United States Code, section 13).
b. The area is a beach area used by the public for vehicular traffic.
c. The area is a road used by vehicular traffic within or leading to a gated or non-gated subdivision or community, whether or not the subdivision or community roads have been offered for dedication to the public.
d. The area is a portion of private property used by vehicular traffic and designated by the private property owner as a public vehicular area in accordance with G.S. 20-219.4.
DMV Hearings & Driver's License Restorations
There are several types of ways that a person can lose his/her driving privileges in the State of North Carolina, as well as several different compliance hearings that a driver may be required to attend after receiving notice from NC DMV.
Examples include:
We have successfully represented thousands of North Carolinians in hearings before the NC Division of Motor Vehicles. Please contact us to discuss the type of hearing you are being required to attend, or if you wish to petition to have your driving privileges restored. With many decades' worth of legal experience in representing clients before NC DMV, we can help you become better prepared to prevail at your NC DMV hearing. If you have previously had a hearing with NC DMV and did not win, please contact us to review your driving history and discuss what may have happened at the previous hearing and how to be successful when you are next eligible to have a hearing.
If you are interested in restoring your driving privileges in the State of North Carolina, you will be required to provide many different documents to the hearing officer assigned to your case. One of these required documents is a background check from the F.B.I. Processing a F.B.I. background check can take up 11 weeks to receive. Because of the length of time involved in the processing of the background check, you may wish to begin that application once you know you are eligible to request a hearing.
Expunctions and Expungements -
What is an expungement? The expunction order shall direct that there be expunged from all official records all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings.
Types of expunctions in North Carolina:
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Criminal Defense;
Traffic Matters;
Driving While Impaired (DWI) Representation;
DMV License Restorations;
DMV Compliance Hearings;
DMV Interlock Restriction Violation Hearings;
DMV Refusal Hearings;
Expungements/ Expunctions;
State Administrative Hearing and Appeals
Criminal Defense: It is our job as attorneys to represent persons who find themselves as defendants in a criminal proceeding. Crimes can range in severity from infractions to misdemeanors to felonies. If found guilty, punishments can range from a minor fine or community service to years in prison or even death.Stellar representation during proceedings (pre-trial and during trail) is critical for those charged with committing criminal wrongdoing. The U.S. Constitution ensures that all citizens charged with a crime will be provided representation.
Should you have reason to believe that you will be charged with a crime, contact our office beforehand. We will begin a dialogue with the District Attorney’s office to ensure there is probable cause for the prosecuting attorney to proceed with a warrant, indictment, or information against you. Should probable cause be found, then we will strategize with you and your witnesses to analyze your case and identify its strengths and weaknesses. To check your criminal court date, time, and courtroom assignment throughout the state of North Carolina, please click here.
What is a search warrant? A search warrant is a court order and process directing a law-enforcement officer to search designated premises, vehicles, or persons for the purpose of seizing designated items and accounting for any items so obtained to the court which issued the warrant.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it:
(1) Is stolen or embezzled; or
(2) Is contraband or otherwise unlawfully possessed; or
(3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or
(4) Constitutes evidence of an offense or the identity of a person participating in an offense.
The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under G.S. 15A-242, he may also take possession of the items so discovered.
Traffic Matters: Almost everyone has felt that sinking feeling of seeing blue lights in their rear-view mirror. If you have, within a three-year period, accumulated 12 or more points, The Division of Motor Vehicles shall have authority to suspend your driver’s license. DMV can also suspend your license if you are convicted of one or more offenses of high-rate speeding within a year’s period. Contact us for further information.
It is easy to accumulate points. Below are the points assigned for offenses if you are driving with a regular Class C driver’s license. If you are the holder of a commercial driver’s license, the points skyrocket.
Passing stopped school bus........................................................................................... 5
Aggressive driving........................................................................................................ 5
Reckless driving............................................................................................................ 4
Hit and run, property damage only............................................................................... 4
Following too close....................................................................................................... 4
Driving on wrong side of road...................................................................................... 4
Illegal passing................................................................................................................ 4
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b.............................................................................. 4
Failure to yield right-of-way to bicycle, motor scooter, or motorcycle........................................................................................ 4
Running through stop sign............................................................................................ 3
Speeding in excess of 55 miles per hour....................................................................... 3 A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor.
Failing to yield right-of-way......................................................................................... 3
Running through red light............................................................................................. 3
No driver's license or license expired more than one year............................................ 3
Failure to stop for siren................................................................................................. 3
Driving through safety zone......................................................................................... 3; A person who drives a motor vehicle in a highway work zone at a speed greater than the speed limit set and posted under this section shall be required to pay a penalty of two hundred fifty dollars ($250.00).
No liability insurance.................................................................................................... 3
Failure to report accident where such report is required............................................... 3
Speeding in a school zone in excess of the posted school zone speed limit............................................................................................................ 3
Failure to properly restrain a child in a restraint or seat belt......................................... 2
All other moving violations........................................................................................... 2
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle............................................................................... 1
Serious Traffic Matters include a conviction of one of the following offenses when operating a commercial or other motor vehicle:
o Excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit.
o Careless and reckless driving.
o A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.
o Improper or erratic lane changes.
o Following the vehicle ahead too closely.
o Driving a commercial motor vehicle without obtaining a commercial driver’s license.
o Driving a commercial motor vehicle without a commercial driver’s license in the driver's possession.
o Driving a commercial motor vehicle without the proper class of commercial driver’s license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.
Prayer for Judgment Continued (“PJC”)
What Is a PJC? A “PJC is a procedural device where, after a defendant’s guilt is established by plea or trial, a judge decides not to impose a final judgment and sentence immediately upon the defendant.” - See more by clicking here.
How often can a PJC be used?
First of all, in traffic matters, PJCs are granted per household – not individually.
- The household “allotment” of valid PJCs is one (1) PJC every three years; or a maximum of two (2) PJCs every five (5) years
When is a PJC unusable?
- A PJC, even if granted by the judge, will be treated as a conviction if the offender holds a commercial driver’s license or if the offense occurs in a commercial motor vehicle.
- A third or subsequent prayer for judgment continued (PJC), even if granted by the judge, within any five-year period will be treated as a conviction.
When is a PJC is prohibited?
- Impaired driving; G.S. 20-179. In re Tucker, 348 N.C. 677 (1998);In re Greene, 297 N.C. 305 (1979) (note: these are judicial censure cases)
- Speeding in excess of 25 miles per hour over posted limit. G.S. 20-141(p).
Driving While Impaired (DWI) Representation
Fun Fact: As of 2006, you can no longer be convicted of impaired driving if you are riding a horse. Lawnmower, though? Yes – you can still be found guilty.
Have you been convicted of an out-of-state DWI and are now facing a DWI in North Carolina? The prior impaired driving conviction can be used against you for sentencing purposes in the North Carolina DWI – See Conviction of a Similar Offense in Another Jurisdiction — Although the definitions of “impairment” under North Carolina and New York laws are not identical and the statutes do not “mirror” one another, they are “substantially equivalent”; consequently, the trial court did not err in determining that defendant's prior conviction under New York law was a grossly aggravating factor in sentencing him under North Carolina law. State v. Parisi, 135 N.C. App. 222, 519 S.E.2d 531 (1999).
Legal Definitions of Relevant Terms to Your Case. These terms may have more complex meaning when used with respect to your legal case or DMV case. It is important you know the difference. All definitions can be found in Chapter 20 of the North Carolina General Statutes.
- Alcohol. - Any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.
- Impairing Substance. - Alcohol, controlled substance under Chapter 90 of the General Statutes, any other drug, or psychoactive substance capable of impairing a person's physical or mental faculties, or any combination of these substances.
- Under the Influence of an Impairing Substance. - The state of a person having his physical or mental faculties, or both, appreciably impaired by an impairing substance.
- Canceled. - As applied to drivers' licenses and permits, a declaration that a license or permit which was issued through error or fraud, or to which G.S. 20-15(a)(3) applies, is void and terminated.
- Chemical Analysis. - A test or tests of the breath, blood, or other bodily fluid or substance of a person to determine the person's alcohol concentration or presence of an impairing substance, performed in accordance with G.S. 20-139.1, including duplicate or sequential analyses.
- Chemical Analyst. - A person granted a permit by the Department of Health and Human Services under G.S. 20-139.1 to perform chemical analyses.
- Crash. - Any event that results in injury or property damage attributable directly to the motion of a motor vehicle or its load. The terms collision, accident, and crash and their cognates are synonymous.
- Reportable Crash. - A crash involving a motor vehicle that results in one or more of the following:
b. Total property damage of one thousand dollars ($1,000) or more, or property damage of any amount to a vehicle seized pursuant to G. S. 20-28.3.
- Driver. - The operator of a vehicle. The terms "driver" and "operator" and their cognates are synonymous.
- Motor Vehicle. - Every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. This shall not include mopeds as defined in G.S. 20-4.01(27)d1.
- Moped. - A type of passenger vehicle as defined in G.S. 105-164.3.
- National Driver Registry – NDR is a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privileges or who have been convicted of a serious traffic violation. When a person applies for a driver's license, the State DMV checks to see if the name is on the NDR database. If a person has been reported to the NDR as a problem driver, the license may be denied. Almost every state is a member of the National Driver Registry. A complete list can be found here.
- Provisional Licensee. - A person under the age of 18 years.
- Public Vehicular Area. - Any area within the State of North Carolina that meets one or more of the following requirements:
1. Any public or private hospital, college, university, school, orphanage, church, or any of the institutions, parks or other facilities maintained and supported by the State of North Carolina or any of its subdivisions.
2. Any service station, drive-in theater, supermarket, store, restaurant, or office building, or any other business, residential, or municipal establishment providing parking space whether the business or establishment is open or closed.
3. Any property owned by the United States and subject to the jurisdiction of the State of North Carolina. (The inclusion of property owned by the United States in this definition shall not limit assimilation of North Carolina law when applicable under the provisions of Title 18, United States Code, section 13).
b. The area is a beach area used by the public for vehicular traffic.
c. The area is a road used by vehicular traffic within or leading to a gated or non-gated subdivision or community, whether or not the subdivision or community roads have been offered for dedication to the public.
d. The area is a portion of private property used by vehicular traffic and designated by the private property owner as a public vehicular area in accordance with G.S. 20-219.4.
- Relevant Time after the Driving. - Any time after the driving in which the driver still has in his body alcohol consumed before or during the driving.
- Suspension. - Termination of a licensee's or permittee's privilege to drive or termination of the registration of a vehicle for a period of time stated in an order of revocation or suspension. The terms "revocation" or "suspension" or a combination of both terms shall be used synonymously.
DMV Hearings & Driver's License Restorations
There are several types of ways that a person can lose his/her driving privileges in the State of North Carolina, as well as several different compliance hearings that a driver may be required to attend after receiving notice from NC DMV.
Examples include:
- Refusal Hearings (a chemical refusal of a breath/blood test at the time of an alleged DWI).
- Restriction Violation Hearings
- Interlock Compliance Hearings
- Insurance Lapse Hearings
- Excessive Speeding Hearing
- CDL (commercial driver's license) Disqualification Hearing
We have successfully represented thousands of North Carolinians in hearings before the NC Division of Motor Vehicles. Please contact us to discuss the type of hearing you are being required to attend, or if you wish to petition to have your driving privileges restored. With many decades' worth of legal experience in representing clients before NC DMV, we can help you become better prepared to prevail at your NC DMV hearing. If you have previously had a hearing with NC DMV and did not win, please contact us to review your driving history and discuss what may have happened at the previous hearing and how to be successful when you are next eligible to have a hearing.
If you are interested in restoring your driving privileges in the State of North Carolina, you will be required to provide many different documents to the hearing officer assigned to your case. One of these required documents is a background check from the F.B.I. Processing a F.B.I. background check can take up 11 weeks to receive. Because of the length of time involved in the processing of the background check, you may wish to begin that application once you know you are eligible to request a hearing.
Expunctions and Expungements -
What is an expungement? The expunction order shall direct that there be expunged from all official records all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings.
Types of expunctions in North Carolina:
- If you have a past non-violent misdemeanor or felony that is fifteen (15) years or more older, you may be eligible to have it removed from your criminal record.
- Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor
- Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offense
- Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses
- Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses
- Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony
- Expunctions for certain defendants convicted of prostitution
- Expunction of records when charges are dismissed or there are findings of not guilty
- Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft
- Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted
- Expunction of records when pardon of innocence is granted
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