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Can a Victim drop Criminal Charges?

A victim can push or criminal charges to be dropped, but it’s the State’s case.  The DA’s Office thinks twice before just listening to what a Victim wants to do with a case, so that they make sure that the Victim is not being pressured by someone, especially the Defendant, to try to drop the […]

Can I Be Convicted of DWI/DUI if I Blow a 0.07 BAC?

Unfortunately, yes.  There are two (2) ways to convict someone of DWI.  The first is through a number (BAC or Blood), and the second is by showing general impairment (mostly through field sobriety tests/admissions, etc.).  But what if you blow a 0.07 and do well on the field sobriety tests? You still could be convicted, although […]

I have a suspended license. Should I pay off old tickets?

Good people often try to pay off old tickets when trying to clear the suspensions on their driver’s license.  Although this seems like a responsible act, it could be the act that further suspends their license. In NC, being convicted of a moving violation, during a period of suspension, triggers a further suspension.  Paying a speeding […]

Should I hire a Lawyer for my speeding ticket? (Part 2)

I field this question often.  I advise people that I can paint my house, but if I want it done properly, and without inconvenience, then I’ll hire someone.  Additionally to that, when someone is on a group insurance policy, has had tickets in the past, have multiple charges, were charged going a high rate of speed, […]

Pulled over for DWI: Do I blow or not blow? (Part 2)

This is main question I receive from friends, people at parties, individuals currently being pulled over, and by clients during their initial consultations.  This is a two-tiered answer.  Blowing on the side of the road via the Portable Breath Test:  This is something you are not legally required to do.  Law enforcement will try to pressure you into […]

How can I become Guardian instead of DSS?

DSS is considered the guardian of last resort.  That said, the Court will take into consideration the best interests of the Respondent/Ward (alleged incompetent person), and do what they feel is necessary to protect the Respondent/Ward. The good news is that even if DSS is appointed guardian, we can likely work with DSS to convince […]

BAC of 0.14 vs. 0.15: Why is this important?

The distinction between a 0.14 blood alcohol content vs. 0.15 blood alcohol content, is critical if convicted of DWI in NC.  If 0.15 or higher, defendants could face not only a 45-day waiting period before having any ability to drive, but they may also be required to have an Ignition Interlock System installed on their […]

Should I just pay a Speeding Ticket?

First ever ticket? Even if it’s your first ticket of all time and you’ve had no accidents, I still advise people not to just pay it because you never know when your next ticket is going to be.  Nobody plans to be pulled over when you’re just going with the flow of traffic.  If you […]

How is Guardianship different than Power of Attorney?

Most people notice the difference between Power of Attorney (“POA”) and Guardianship right before they decide to schedule a consultation.  They are surprised that their power of attorney document doesn’t give them the power that they originally expected.  In a nutshell, a POA is voluntary, and revocable, and Guardianship is court-ordered and not revocable. If I give […]

PJC or Not to PJC

PJC’s (Prayer for Judgment Continued) are issued by judges, not a deal given by the DA’s Office.  This is a common misconception in NC, with individuals feeling like they can just ‘use a PJC’ and then find out that the Judge can deny it.  PJC’s are great tools to prevent license suspension and DMV points, […]