Tag Archives: criminal attorney in raleigh

In Raleigh, NC What are the Costs of Getting a DWI Conviction?

There are a number of factors to consider when you’ve been charged with DWI, and even more with a conviction. The safety of yourself and others, the possible damages caused, and the possibility of spending time in jail is avoidable by calling an Uber or a taxi for $20 or so and parking your car.

But there’s one part of getting a DWI that most people don’t consider: how much it will cost.

The Arrest

In Raleigh, NC What are the Costs of Getting a DWI Conviction?Your license is immediately revoked if there is a blood alcohol content of 0.08 or higher. You’ll lose your license for 30 days, just for being charged with DWI. You can request a limited driving privilege after 10 days, which will cost $100, plus whatever it costs you to get to work for ten days (if you still have a job.)

You will also be required to complete a substance abuse assessment costing $100, and you’ll need a certified copy of your driving record, about $15.00. If you’re approved for the privilege, you’ve spent $215 to drive for 19 days out of 30. Since it’s a criminal charge, you’re required to appear in court.

If you hire an attorney, that will also cost—a minimum of $500, but probably more than $2,500. Attorney’s fees will also vary depending on variables such as your first charge or a subsequent charge, such as if any property damage occurred, or if anyone was injured or killed as a result.

If your charges are dismissed, that’s the end of it. But if you’re headed for trial, it’s going to get a lot more expensive.

Depending on the type of job you have, you could be terminated after the arrest, especially if you hold a Commercial Driver’s License (CDL.)  Not only will you lose your income, but you will also have a difficult time finding another job with a DUI.

The Trial And Conviction

Going to trial for DWI means there is a strong chance of not only conviction but jail time.

North Carolina has five levels of DWI charges, with Level 5 being the lowest and Level 1 being the highest, with the highest punishment, fees, and license revocation. Fines alone start at $200 and go as high as $4,000 just for the DWI. An aggravated Level I felony can be as high as $10,000 in fines. You’ll also owe additional court costs.

After A Conviction

In addition to or instead of jail time, you may be able to perform community service, at a cost of $250. You’ll also be required to complete substance abuse treatment, the cost of which is determined by the agency and can be as high as $800 to $1,000.

You’ll also have to complete the Alcohol and Drug Education Traffic School, which will also cost about $260. Additionally, monthly post-conviction substance abuse assessments cost $100.

If you want to regain your driving privileges, you’ll also have to pay to get your license restored, which can run upwards of $300.

Before you can start driving again, there’s also the matter of car insurance. You’ll find that you can get an insurance policy, but it will be considerably more expensive. Most drivers find their insurance increases an average of 400% after a DUI.

One more thing—you’ll be required to have an ignition interlock system installed on your car before you can drive again. This system requires you to blow into it, just like a breathalyzer, before you can start your vehicle. You’ll also be required to stop and “blow” again during your drive to continue driving. If at any time the system detects alcohol, you won’t be able to drive. Purchase and installation run between $2,000 and $4,000, with monthly maintenance at about $100 per month.

Other Costs of DWI

If you caused property damage while driving intoxicated, such as hitting someone’s car or house, you will also find yourself on the receiving end of a personal injury suit from the other party (or wrongful death if someone died as a result of the accident.)  You may be sued by the other party for medical expenses, lost and future wages, pain, and suffering, and other compensatory damages, and you’ll be responsible for them. A wrongful death lawsuit, filed by the relatives the person who died in the accident, can also end up with a large monetary settlement you’ll have to pay. These expenses can’t be dismissed in a bankruptcy, either. If you own property, such as a house, a lien can be placed on the property until you pay it.

When you add it up, avoiding a DWI by taking a bus, or calling either a taxi, Uber, or a friend to pick you up is a lot less expensive.

DWI Is Expensive

Getting arrested for DWI can cost more than just money—you could do prison time, in addition to losing your job, your home, and your rights. A DWI will also follow you around for the rest of your life, no matter where you live. Having a DWI defense attorney does cost money, but can save you a lot more, including your freedom and your rights.

Dewey P. Brinkley is a former Wake County prosecutor who works to defend DWI cases. He will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307 (or user our online contact form) for a free consultation. You can also email him at dewey@deweybrinkleylaw.com.

Why is Resisting Arrest a Serious Crime in Raleigh, NC?

You’re being arrested, and you’re not sure why. Maybe you’re innocent and happened to be in the wrong place at the wrong time. Whatever it’s for, you may be tempted to flee the scene or otherwise put up a fight, especially if you believe it’s a wrongful arrest. But should you?

Why Resisting Arrest Is A Crime

Why is Resisting Arrest a serious crime in Raleigh, NC?North Carolina General Statutes Section 14-223 states that “If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.”  Additional information is available here.

Resisting arrest is doing something that interferes with a police officer doing his or her job. You can go to jail for as long as three months, even if you are innocent of the original charge. For instance, if you’re wrongly arrested for shoplifting and fight or resist the police officer, you can also be charged with resisting arrest. You may be acquitted of shoplifting, but can still be convicted of resisting arrest, and make a bad situation worse. In other words, until you resisted, you were innocent.

You may also be charged if you refuse to cooperate with an officer, give false information or refuse to accept a traffic ticket. Anytime you obstruct, resist or delay an officer or prevent him from doing his or her job, you can be arrested. While these are not the same as physical resistance, they carry the same weight.

Conviction of resisting arrest is a Class 2 Misdemeanor. This can mean:

  • Fines up of up to $1,000
  • Jail time of up to 60 days in county jail
  • Probation that can include required “counseling” and other regular meetings
  •  A requirement for community service

Defense

“Resisting arrest” can be interpreted a number of ways, but there are defenses that can be raised.

  • Self-defense against excessive force—the police are allowed to use necessary force in the course of an arrest. However, they are not allowed to be violent or use excessive force during arrests. If you were the victim of excessive force, you can argue that you were in the act of defending yourself.
  • Unlawful arrest—if a police officer arrests you without a warrant, do not have probable cause or otherwise exceeds authority, you have been “unlawfully” arrested.
  • False accusations—in court, you and your attorney must prove that the accusations are actually false.

Consult with an experienced criminal defense attorney before going to prepare your best defense.

Avoid Being Charged With Resisting Arrest

The first thing to remember is to be polite and cooperate with the police officer. No swearing, fighting or otherwise interfering with the officer, including resisting, delaying, or obstructing him or her.

You are required to give your name to the officer as well as your state identification. (If you’re involved in a car accident, you’ll also be asked for insurance and registration, which is also required.) Beyond that, you do not have to answer any questions, no matter how forcefully they are asked. Decline to answer, in the most civilized and polite fashion, and request to speak to a criminal defense attorney. (You may be given a public defender first.) Avoid answering any more questions or providing any information that, as they say on TV, can, and will, be used against you in court. You could unwittingly give a prosecutor enough information to convict.

Fight Charges of Resisting Arrest

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh. Before defending those accused of crimes, he was a Wake County Assistant District Attorney. He understands the criminal justice system and can defend you against even the most serious felony charges. If you’re charged with resisting arrest, you must take it seriously.

Call the Law Offices of Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

Raleigh Criminal Attorney

Raleigh Criminal Attorney

Raleigh Criminal Attorney Raleigh is a vibrant American city with industry, culture, performing and visual arts, biotech and high-tech research as well as collegiate and professional sports. It’s no surprise that Forbes ranked us #1 on their 2015 list of the best places for businesses and careers. Known as the “City of Oaks,” Raleigh is also the third most educated city in the US as well as the capital city. There are so many things to like about Raleigh. Here are just three. Industry/Economy With The Research Triangle right in the middle of the state, it’s no wonder that Raleigh (and North Carolina in general) is home to some of the biggest industries in the US. Bordered by North Carolina State University, Duke University, University of North Carolina at Chapel Hill, as well as the cities of Raleigh, Durham and Chapel Hill, it’s no wonder the area is so successful. With such diverse industries like banking/financial services, pharmaceuticals, paper products, food processing, clothing and textiles and telecommunications, it’s no wonder Raleigh is the second most populous city in North Carolina. Some of Raleigh’s top companies and employers include: • WakeMed • NC State University • Red Hat • Martin Marietta Materials • CarQuest • First Citizens BancShares • Golden Corral • Lulu Education Boasting twelve institutes of higher education, it’s no wonder Time magazine named Raleigh the third most educated city in the US in 2011. Students come from all over the US to study, and many settle in the area after graduation. If you’re interested in higher education, you have several choices in Raleigh: • North Carolina State University • Wake Technical Community College • Campbell University Norman Adrian Wiggins School of Law • Meredith College • Montreat College's School of Professional and Adult Studies • William Peace University • Shaw University • Skema Business School (the first French Business School to open a campus in the USA) • St. Augustine's University • ECPI College of Technology • The Medical Arts School • Strayer University (Source: Wikipedia) Culinary Are you a foodie? Do you enjoy the process of cooking as well as trying new and interesting food? From small, humble neighborhood eateries and food trucks to the most high-end fine restaurants, Raleigh boasts a thriving food scene that rivals any US city. Even though Raleigh’s cuisine is primarily southern, inbound migration from other parts of the US (not to mention college students) have brought in other types of non-native cuisines. Despite Texas’ claim that it originated there, aficionados will appreciate both styles of North Carolina barbecue: Lexington style and Eastern style. Multiple farmers markets offer fresh, locally grown and produced artisanal foods directly from the grower. Visit one of Raleigh’s many “You-Pick Farms” with your kids (or by yourself) and learn about how food is grown as well as picking your own. From coffee shops to banquet halls, Raleigh has something for every taste and every budget. Want To Know More? Whether you’re a lifelong resident, a recent transplant, or you’re considering moving to the Raleigh area, check out the VisitRaleigh website and learn about everything the City of Oaks has to offer. Raleigh’s Criminal Attorney Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh. Before working on the defense side, he was a Wake County Assistant District Attorney. He understands the criminal justice system, and can handle the most serious felony charges. If you find yourself in trouble, Dewey is ready to help. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.Raleigh is a vibrant American city with industry, culture, performing and visual arts, biotech and high-tech research as well as collegiate and professional sports.

It’s no surprise that Forbes ranked us #1 on their 2015 list of the best places for businesses and careers. Known as the “City of Oaks,” Raleigh is also the third most educated city in the US as well as the capital city.

There are so many things to like about Raleigh. Here are just three.

Industry/Economy

With The Research Triangle right in the middle of the state, it’s no wonder that Raleigh (and North Carolina in general) is home to some of the biggest industries in the US. Bordered by North Carolina State University, Duke University, University of North Carolina at Chapel Hill, as well as the cities of  Raleigh, Durham and Chapel Hill, it’s no wonder the area is so successful.

With such diverse industries like banking/financial services, pharmaceuticals, paper products, food processing, clothing and textiles and telecommunications, it’s no wonder Raleigh is the second most populous city in North Carolina.

Some of Raleigh’s top companies and employers include:

  • WakeMed
  • NC State University
  • Red Hat
  • Martin Marietta Materials
  • CarQuest
  • First Citizens BancShares
  • Golden Corral
  • Lulu

Education

Boasting twelve institutes of higher education, it’s no wonder Time magazine named Raleigh the third most educated city in the US in 2011. Students come from all over the US to study, and many settle in the area after graduation.

Raleigh Criminal Attorney

If you’re interested in higher education, you have several choices in Raleigh:

  • North Carolina State University
  • Wake Technical Community College
  • Campbell University Norman Adrian Wiggins School of Law
  • Meredith College
  • Montreat College’s School of Professional and Adult Studies
  • William Peace University
  • Shaw University
  • Skema Business School (the first French Business School to open a campus in the USA)
  • St. Augustine’s University
  • ECPI College of Technology
  • The Medical Arts School
  • Strayer University

(Source: Wikipedia)

Culinary

Are you a foodie?  Do you enjoy the process of cooking as well as trying new and interesting food? From small, humble neighborhood eateries and food trucks to the most high-end fine restaurants, Raleigh boasts a thriving food scene that rivals any US city.

Even though Raleigh’s cuisine is primarily southern, inbound migration from other parts of the US (not to mention college students) have brought in other types of non-native cuisines.  Despite Texas’ claim that it originated there, aficionados will appreciate both styles of North Carolina barbecue: Lexington style and Eastern style.

Multiple farmers markets offer fresh, locally grown and produced artisanal foods directly from the grower.  Visit one of Raleigh’s many “You-Pick Farms” with your kids (or by yourself) and learn about how food is grown as well as picking your own.

From coffee shops to banquet halls, Raleigh has something for every taste and every budget.

Want To Know More?

Whether you’re a lifelong resident, a recent transplant, or you’re considering moving to the Raleigh area, check out the VisitRaleigh website and learn about everything the City of Oaks has to offer.

Raleigh’s Criminal Attorney

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh. Before working on the defense side, he was a Wake County Assistant District Attorney. He understands the criminal justice system and can handle the most serious felony charges. If you find yourself in trouble, Dewey is ready to help.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.