This is Part 20 of our weekly North Carolina Criminal Defense video blog: “Cases Our Law Office Accepts“
Transcript:
I take all criminal defense cases, everything from first degree murder down to the most simple misdemeanor cases. I also do traffic cases so if someone calls me with a speeding ticket everything to DWI on the traffic side; everything from the most serious felonies to the most minor misdemeanors as far as criminal defense.
This is Part 19 of our weekly North Carolina Criminal Defense video blog: “What Should You Do When Stopped for DWI?“
Transcript:
The most important thing to remember with DWIs is that they’re very complex cases. The best way you can help yourself if you’ve been stopped for drinking and driving is to not give the officer any more evidence than you have to. The officer is going to approach your car and you are required by law to give them your license and registration. You are not required to do any field sobriety testing. You are not required to tell him or answer the question, “Where are you coming from?” or “How much have you had to drink?”
You’re really not required to do any of the field sobriety testing. As I tell my clients, I generally advise them not to do the field sobriety testing. Even if they can do 99 out of 100 things right, be sure that when the case goes to court the prosecutor is going to hammer you on the one thing that you did wrong and argue that is evidence of impairment. Just remember, you do have to provide your license and registration. You don’t have to answer any questions about where you’ve been or how much you’ve had to drink. You don’t have to do the officer’s tests. You don’t have to blow into anything until you get to the jail. The real question there is do you make the decision to blow into the actual breath test at the jail.
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This is Part 18 of our weekly North Carolina Criminal Defense video blog: “Should You Take a Breathalyzer Test?“
Transcript:
That’s a decision really that only the client can make. The reason for that is if you don’t blow and you refuse the test, your license will be suspended for a year and there’s a good chance the officer will attempt to get a search warrant and draw your blood. That’s only a decision that you can make.
This is Part 17 of our weekly North Carolina Criminal Defense video blog: “Should You Take a Roadside Sobriety Test?“
Transcript:
The field sobriety test, especially if the officer does not have a dash cam video or some kind of video to record the test, when those cases go to court you’re relying specifically on that officer’s recollection and his notes as to how you did.
Keep in mind that those officers are trying to build a case against you. Often their recollection on how you did the tests may differ from how you think you did the tests. The tests are very difficult. They’re difficult to do if you’re even sober.
Again, the least little slip-up on one of the tests, you can be sure that the District Attorney’s Office and that prosecutor when it goes to court are going to say that’s evidence of impairment. That’s why I tell I tell clients, “Don’t do the tests. Don’t add evidence; don’t give that evidence to the police officer.”
Legally speaking, driving is a privilege in North Carolina and not a right, and if you are convicted of a DWI or a DUI-related offense in Raleigh or Wake County, then there’s a good possibility that you may lose your driving privileges. Fortunately, there are some ways that you can receive limited driving privileges after a DWI or DUI-related offense.
For more information about limited driving privileges in North Carolina, or to speak with one of the leading DWI attorneys in Raleigh, call the Law Office of Dewey P. Brinkley today. Following your DWI arrest, call our criminal defense law firm at (919) 832-0307 for a free consultation. We will work with you, every step of the way, to fight for favorable results, including limited driving privileges.
When found guilty of an impaired driving offense, DWI or DUI, in Wake County or anywhere else in North Carolina, then you may be eligible for limited driving privileges. The North Carolina law covering limited driving privileges is North Carolina General Statute §20-179.3, and this statute lays out the eligibility and other requirements so that you can continue driving.
Additionally, it’s essential to understand that you can have your driver’s license suspended or revoked both after a charge and after a conviction, and there are eligibility considerations for both situations.
According to North Carolina General Statute § 20-16.5, you can lose your license due to the following three situations:
Following the revocation of your license, which is usually the arrest date, you have to wait 10 days before you can obtain your limited driving privileges. The eligibility for these privileges include:
By meeting these conditions, you and your DWI attorney can file a Petition for Limited Driving Privilege with the court. A hearing date is usually set, and you and your attorney will need to bring the necessary documentation to get your limited driving privileges. Generally, this documentation includes:
When found guilty of a DWI charge in North Carolina, you still may be able to receive limited driving privileges. The eligibility for a post-DWI conviction limited driving privilege is similar to the pre-trial DWI requirements mentioned above. However, this is only true if you are convicted of a Level 5, 4 or 3 impaired driving punishment. If you fall into this category and had an alcohol concentration of less than 0.15, then you can refer to above requirements for your driving privileges.
If you received a Level 1 or 2 punishment and/or had a BAC of 0.15 or over, then you may be considered a “High-Risk Driver.” This means that you’ll have to wait 45 days after the final conviction and you’ll have to comply with the ignition interlock requirements. After meeting these requirements, you may be eligible for interlock limited driving privileges.
When you have limited driving privileges in North Carolina, you have a range of regulations that you must follow. Just some of the rules associated with these privileges include, but are not limited to:
If you have received limited driving privileges in North Carolina, then it’s essential to be fully aware of the law as well as your driving limitations. Failure to uphold these privileges may result in the loss of your license for the duration of the punishment.
By calling DWI attorney Dewey Brinkley in Raleigh NC, you can get one of the leading defense attorneys in the area to give your case the full representation it deserves.
This is Part 16 of our weekly North Carolina Criminal Defense video blog: “How to Politely Decline Answering the Police’s Questions“
Transcript:
If the officer asks you to get out of the car, clearly, you get out of the car. You follow his instructions. If he asks you to come to the back of the car, you follow his instructions. Simply being polite and saying, “Officer, I don’t want to answer that,” is perfectly fine.
Many of these officers want to engage you in conversation, asking you, “Where have you been? Where are you coming from? How much have you had to drink?” It’s very easy to be polite, be sure, and say, “Officer, I’m sorry. I’m not comfortable. I’m not going to answer any questions.”
Have you been arrested for a DWI in North Carolina? If so, the experience can be frightening and stressful, but while you are waiting for the next steps in the North Carolina criminal process, it can be helpful to look at the NC DWI sentencing guidelines.
There is a wide range of potential punishments that you can face if you are convicted of a DWI. At the low end, you may be looking at fines and community service. At the other end, you could be looking at serious time in jail or prison. No matter the severity of your DWI offense, you absolutely need an experienced and skilled Raleigh DWI lawyer like Dewey Brinkley. We’ve helped many individuals just like yourself with their DWI charges, achieving not guilty results, dropped charges, and reduced or alternative charges.
For a free, no-obligation consultation with our Raleigh DWI law firm, call us today at (919) 832-0307.
The North Carolina General Statutes (N.C.G.S.) § 20-179 provide the basic outline for DWI penalties and sentencing. Following a conviction of a DWI, the judge will schedule a sentencing hearing to determine the appropriate sentencing level. Often, the judge will consider several mitigating or aggravating factors in his/her decision.
Grossly aggravating factors are the most severe, and if you have grossly aggravating factors in your case, then you may be looking at the harshest penalties in North Carolina courts. The following factors are considered grossly aggravating:
Aggravating factors are less serious than the “grossly aggravating” factors, but nonetheless, aggravating factors in your case can dramatically increase the severity of the penalties you may be facing. Some aggravating factors can include:
Unlike aggravating factors, having mitigating factors in your case can, in the majority of cases, serve as a benefit that reduces the potential DWI sentence you may be facing. Some mitigating factors can include:
Through these factors, as well as a consideration of the unique circumstances related to the DWI stop and arrest, the courts may assign a certain level signifying the severity of your punishment.
All of the DWI sentences, aside from a felonious Habitual DWI offense, fall within five sentencing levels. Level One and Two are generally imposed if you have prior convictions within seven years or other grossly aggravating factors; Level 5, on the other side of the spectrum, often involves a first offense and mitigating factors. The five levels and their punishments are listed below:
At the Law Office of Dewey P. Brinkley in Raleigh, NC, we’ve helped hundreds of individuals caught in a similar situation as yourself or your loved one. As such, with years of devotion to criminal defense and DWI defense law and legal representation, we will give you comprehensive and compassionate representation with the goal of achieving a not-guilty result, dropped charges, or alternative/reduced sentencing.
To speak with Raleigh NC DWI attorney Dewey Brinkley, call our downtown Raleigh criminal defense law firm today at (919) 832-0307.
The cornerstones of freedom and liberty in America has foundations in the First Amendment, and in both the North Carolina Constitution and the First Amendment to the U.S. Constitution, you are giving the right to free expression and speech. However, like the yelling “fire” in a crowded theater example, or participating in violent actions during a riot, there are certain limitations to free speech that could turn into criminal matters.
Free speech laws are complex, and with a continuously changing legal landscape regarding free speech in North Carolina, your rightful protests could turn into a criminal matter. If you were arrested in Raleigh or Wake County for protesting, make sure to call the leading criminal defense attorney in the Raleigh and Triangle Area: Dewey P. Brinkley.
Don’t hesitate, and the moment you’re arrested or facing charges, call the Law Office of Dewey P. Brinkley in Raleigh today at (919) 832-0307.
There are three things that you need to remember when it comes to free speech laws and rights in North Carolina:
The difference between a protest and a riot is fairly simple. A protest is, in the majority of instances, legal and protected while a riot that involves violence and civil disorder can be considered criminal behavior and not protected by free speech laws.
According to the Oxford dictionary, a protest is “a statement or action expressing disapproval of or objection to something.” As such, when individuals say they’re organizing a protest, it’s usually a peaceful, public demonstration expressing strong objection. When violent acts occur during a protest, however, it can become a riot. According to the Oxford dictionary, a riot is “a violent disturbance of the peace by a crowd.”
Furthermore, rioting is a crime defined in the North Carolina penal code, under § 14-288.2. Riot; inciting to riot; punishments. According to this law, “A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.”
The criminal penalty for rioting is a Class 1 Misdemeanor; however, you could be looking at a Class H Felony if one of the following apply:
Also, willfully inciting or urging others to riot is a Class 1 Misdemeanor (a Class F Felony if the resulting riot caused serious bodily harm or excessive property damage), and it is here where the line between protest and riot can get blurred.
Although the definitions sound pretty straightforward, peaceful protestors are often the target of police intervention and arrest. Furthermore, the legal landscape regarding free speech and protests is always changing. In February of 2017, lawmakers in North Carolina introduced a bill that could open up felony charges to any criminal offense that leads to at least $1,000 in economic harm to any business, if the offender intended to intimidate the government or public.
This bill was rejected in the NC House in April, but this bill proposal and its failure does represent how laws regarding protests and riots can change.
If you were arrested during a peaceful protest, or if a protest got out of hand and turned into a riot, then make sure to call Raleigh criminal attorney Dewey Brinkley today. For a free consultation with our Raleigh criminal law firm, call us today at (919) 832-0307.
In North Carolina, victims of domestic violence are protected by both criminal and civil laws. However, most domestic violence cases in North Carolina are prosecuted through general criminal statutes. The law describes domestic violence as one of several violent acts when committed between people sharing a personal relationship, and individuals convicted of domestic violence could be looking at some very serious penalties.
If you are charged with committing a crime involving domestic violence, or if you are accused of committing domestic violence in a petition for a court order, it’s essential to speak with an experienced and knowledgeable Raleigh criminal defense attorney as soon as possible. For a free, confidential consultation with defense attorney Dewey Brinkley, call our Raleigh Law Firm today at (919) 832-0307.
Although the most common idea of domestic violence is what’s portrayed on television in the media, there are several ways that a person can commit domestic violence and violate North Carolina law. The law covering domestic violence is N.C. Gen. Stat. § 50B.
In general, domestic violence occurs when any of the following acts are committed against a person with whom the offender shares or shared a personal relationship, or against the minor child of such a person:
The law often mentions “personal relationship.” This is defined as:
There are many different punishments and sentencings for domestic violence, and the severity of the punishment often depends on the circumstances of the alleged offense, the severity of the victim’s injury, the offender’s criminal history, and so forth.
In these cases, the prosecutor and the judge will establish that there is a personal relationship, and if the crime fits the definition of domestic violence, then the judge can also impose special conditions when sentencing the defendant.
Some common misdemeanor domestic violence crimes include:
Some felony domestic violence crimes can include:
If the alleged offender doesn’t have any priors and the charge is minor, then the person may be eligible for pre-trial release. Furthermore, the judge may impose special conditions on the case, such as requiring the defendant to undergo medical or psychiatric treatment, such as rehabilitation, counseling, treatment, training, etc. The defendant may also be asked to complete a Drug Treatment Court Program, abstain from alcohol or drugs, and remain at home except for work and school, for instance.
Your criminal defense attorney will help you navigate the arrest and court processes, representing and defending your case at every stage and keeping you informed regarding defense strategies and legal options.
Some common domestic violence strategies and tips can include:
Based on your interests, you and your attorney can fight for innocence, dropped charges, or alternative or reduced sentencing.
Domestic violence charges can wreak havoc on your life, ruin your reputation, give you a criminal record, and possibly put you away behind bars for some amount of time. For this reason, it’s critical to get the defense experience of Raleigh domestic violence attorney Dewey P. Brinkley. For a free consultation with our law firm, call our Raleigh law firm today at 919-832-0307.
Charged with a drug crime in Wake County? Depending on a variety of factors, such as the actual drug crimes you were charged with, the circumstances surrounding the alleged offense, and other aggravating and mitigating factors, you could be facing a misdemeanor or a felony, punishable by large fines, incarceration, and other penalties.
However, you do have legal options when charged with a drug crime, and you are allowed to defend the charges with the criminal defense representation of a Wake County drug crimes lawyer. At the Law Office of Dewey P. Brinkley, attorney Brinkley has defended many individuals charged with drug possession, distribution, and more.
For a free consultation regarding your charges and how we can help, call our Raleigh defense law firm today at 919-832-0307.
Both federal and North Carolina laws cover and enforce many types of drug crimes. For most drug crimes in Wake County, however, it is state, county, or local police who arrest and charge Wake County residents with drug crimes. This means that you’ll be dealing with the State criminal justice system; if you were arrested on federal charges, your case will go through federal courts.
Some of the more common types of drug crimes include:
It is also important to note that North Carolina law also makes it illegal to own a grow house, or maintaining a property used to drug manufacturing or distribution purposes.
If you or a loved one is charged with drug possession (or another drug crime) in North Carolina, there are going to be some important legal decisions that you need to make. Furthermore, it’s important to remember that, in North Carolina, if you are 16 years old or older, then you can be charged as an adult in our criminal justice system.
First offenders, however, do have the option for dismissal of certain drug charges; however, the First Offender program is often wasted by those who are innocent, by charges based on insufficient evidence, or those who are victims of illegal detentions, searches, and seizures.
Nonetheless, while you’re being arrested with a drug crime in North Carolina, it’s important to use your right to remain silent. If you believe that the police have acted wrongly, don’t fight the police on the scene. Instead, collect the names and addresses of witnesses and file a written record as soon as possible.
After the arrest, it’s best to consider your legal options and consult with your drug crimes defense lawyer.
If you’ve been charged with a drug crime in North Carolina, about 95 percent of the cases will have one of the following six outcomes:
If you are arrested for an alleged drug crime in North Carolina, the most important thing to remember is to stay calm and that you have rights. Secondly, following the arrest, you can count on Wake County drug crimes attorney Dewey Brinkley to provide a professional, vigorous legal defense. For a free consultation with attorney Brinkley, call our Wake County law firm today at 919-832-0307.