Category Archives: DWI

In North Carolina, What Are My Chances Of Probation in a DWI Manslaughter Case?

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North Carolina takes any charge of DWI seriously. The state aggressively prosecutes anyone arrested on DWI manslaughter, and punishments are harsh. However, some cases may be less serious and probation may be a possibility.

Definition Of Manslaughter

DWI Manslaughter Defense AttorneyIn North Carolina, DWI manslaughter is an action resulting in the death of someone that wouldn’t be classified as murder. There are three types of manslaughter:

  • Voluntary, the killing of a person with intent, such as a self-defense situation where deadly force wasn’t warranted
  • Involuntary, the killing of a person without intent, such as in the act of a non-felony crime, was criminally negligent or engaging in negligent conduct at the time
  • Vehicular, in which a person dies through an action involving a motor vehicle driven by someone in a reckless or negligent manner. Also called “death by vehicle,” it includes DWI, texting while driving, speeding, and other offenses.

Vehicular manslaughter that involves DWI is the most serious. At the least, an individual convicted of DWI will spend 24 hours in jail or have 24 hours of community service, along with a $200 fine.

Probation Is Possible

It is possible to receive probation after a DWI manslaughter case, but it will depend on the facts of your case, such as prior convictions and mitigating or aggravating factors. While it may not include incarceration, probation is not a “get out of jail free” card, either.

North Carolina has two types of probation: supervised and unsupervised. Both types have specific requirements and last for a specific length of time which are decided by the judge. This will include not participating in any criminal activity.

  • Unsupervised Probation has fewer conditions and is less restrictive. You will not have a probation officer but will have certain conditions you will have to meet. They can include:
    • Payment of all fines and court costs ordered by the judge by a specific deadline
    • Completion of an alcohol assessment and treatment program
    • Perform a defined term of community service, with the number of hours ordered by the judge
    • Being barred from driving without limited driving privileges or have a legal right to drive
  • Supervised probation requires you to follow the conditions for unsupervised probation, and all conditions issued by the judge, which may also include:
    • Paying all fees and court costs associate with being on probation
    • Regular meetings with your probation officer as required
    • Being either enrolled in school or employed, and notifying your probation officer if you are no longer employed or enrolled
    • Requiring permission from your probation officer to leave the state for any reason
    • Submit to blood, urine, or breath tests, or warrantless random searches if your probation officer sees the need
    • Submit to warrantless searches by law enforcement if they believe you may have been involved in any criminal activity.
    • Not possessing any illegal drugs or any controlled substances without a prescription from a licensed physician

Of course, you must strictly adhere to the terms set out by the judge for your probation. If you don’t follow the requirements, your probation can be revoked, and you can be sent to jail.

Getting to the point of probation requires the help of a skilled DWI attorney who can help with a case of DWI manslaughter.

DWI Manslaughter Defense Attorney

DWI, or Driving While Intoxicated, is always a serious charge in Raleigh, and anywhere in North Carolina. If you’ve been arrested for DWI Manslaughter or any DWI charge in Raleigh, it’s vital that you have a strong legal defense. Without it, you could be facing a longer jail sentence without the possibility of probation.

Dewey P. Brinkley is a Raleigh DWI defense attorney who can aggressively defend you against any DWI charges and protect your rights in the courtroom. We will work to have your charges reduced to probation or even dismissed.  Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DWI case at (919) 832-0307. You can also use our online contact form.

Are The Penalties For Commercial DWI Different Than Regular DWI In Raleigh, NC?

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Anyone with a commercial driver’s license (CDL) has an increased level of responsibility and duty of care, even when they’re not working. A charge of Driving While Impaired (DWI) for such drivers is considered a Commercial DWI.   Because a CDL is required for many jobs that require driving, losing that license can directly impact your livelihood. This is especially true for individuals who drive large trucks long distances over the road.

As harsh as a DWI is, the laws are even stricter for someone with a CDL license.

At The Traffic Stop

Are The Penalties For Commercial DWI Different Than Regular DWI In Raleigh, NC?North Carolina Law makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAD) of 0.04 percent or more.

North Carolina General Statute § 20-138.2A makes it a Class 1 misdemeanor operate any commercial vehicle with any amount of alcohol. If you have any detectable level of alcohol in your system, even under .04%, you will be placed “out of service” for a period of 24 hours. A conviction will bring a 10-day disqualification from driving a commercial vehicle and a fine of $100. Within seven years, if you are convicted a second time, you’ll face a one-year prohibition on driving a commercial vehicle.

A CDL driver will also have an increase in the number of “points” on their driving record as a result. Fines can also be increased to as much as double for a CDL license holder.

Hazardous Materials

Penalties are increased if you are in the process of transporting hazardous materials and are stopped for DWI.

If you’re convicted of DWI while transporting these materials, you can be disqualified from driving any commercial vehicle for as long as three years. A second conviction will result in a permanent revocation.

Subsequent DWI Convictions

A first-time conviction for a CDL DWI can disqualify you from driving a commercial vehicle for up to one year.

A second DWI brings a lifetime suspension but can be reduced to ten years by meeting certain conditions set out by the DMV.

A third DWI is a lifetime suspension without the opportunity for reinstatement.

DWI In A Passenger Vehicle

Even if you were driving your own personal vehicle or a rental car, a DWI can still cause problems for your CDL.

However, the threshold is the same for anyone driving a passenger vehicle.  If you are stopped with a BAC of .08 or greater, or if the officer believes you are impaired even if you are below .08, you can still be arrested for DWI. A conviction for DWI under these circumstances could lead to a year-long suspension of your CDL.

If your personal driver’s license is suspended, revoked, or canceled, you won’t be able to request a “hardship” CDL license.

Stop a DWI From Ending Your CDL And Your Career

Losing your commercial driver’s license can have a direct impact on your employment, in some cases, immediately, even if the case never results in a conviction. If you’re arrested, it’s up to you to fight for your license and your livelihood. The right DWI defense lawyer can make all the difference.

Dewey P. Brinkley is a former Wake County prosecutor who works to defend DWI cases for CDL drivers who have been arrested. He can prepare a strong defense and make sure you are fairly represented in court. Contact our Raleigh law office today at (919) 832-0307 or use our online contact form for a free consultation.

 

Facts and Penalties for DUID in North Carolina

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While much attention is focused on the problem of alcohol-related driving and accidents, driving under the influence of drugs (DUID) offers another possibility for arrest.

North Carolina law prohibits the operation of any motor vehicle while under the influence of “an impairing substance.” This includes alcohol as well as many types of drugs, some of which are legal.

Chapter 14(a) of the North Carolina statute states:

Alcohol, a 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.

The statute is far-reaching enough to include both legal and illegal drugs as well as alcohol.  North Carolina General Statutes Section 20-381.1 also states that an individual does not necessarily have to be intoxicated by a specific drug, only that the person has a Schedule 1 drug in his or her system at the time they were driving. However, the wide reach of the law may also include individuals who have chronic conditions that require certain types of drugs that could mimic the chemical structure of Schedule 1 substances.

Illegal Drugs

Facts and Penalties for DUID in North CarolinaThe usual Schedule 1 drugs are covered here:

  • Marijuana
  • Opiates such as heroin
  • Cocaine
  • Synthetic marijuana substances
  • Amphetamines and other stimulants
  • Other street drugs

Under other circumstances, these drugs also have other charges that could be levied. But during a traffic stop, they are not detectible with a breathalyzer or a field sobriety test.

Prescribed Drugs

Because of the state’s definition of a “psychoactive substance,” a range of drugs that are regularly and legally prescribed by a physician can also cause a DUID charge, including:

  • Antidepressants and other psychiatric drugs
  • Opiates prescribed as pain medications (i.e., Oxycontin, morphine, etc.)
  • Prescription antihistamines
  • Sedatives, such as Valium

This is just a shortlist of the many medications that can cause you to be impaired while driving.

Taking medication in a doctor’s office with the understanding that it could impair your ability to drive is not a defense and holds you to the same standard as someone driving with a blood alcohol content (BAC) of .08. Law enforcement is also allowed to order chemical tests to detect drugs in the system.

Over The Counter Medications

You’ve probably seen the warning labels on medications about not operating heavy machinery while taking it. That’s because some drugs such as antihistamines (allergy medications) and cold and flu treatments (i.e., Nyquil, Theraflu) can make you tired and drowsy.

Over the counter (OTC) sleep treatments can be natural formulas such as melatonin and valerian, or they can be a combination of antihistamines and Diphenhydramine HCL (such as Unisom.) Other medications that cause fatigue include diarrhea/nausea medications. Some of these medications can leave you with drowsiness in the morning, just in time for you to head to work or school.

But even though you may consider them “safe” because they are readily available at any pharmacy, they can still cause you legal problems if you are in an accident while taking one of them.

Drug Interference

When taking prescription or OTC medications, it’s important to understand how they affect you before you ever get behind the wheel. This is particularly true of medications with warnings about drowsiness.

If you take more than one, it’s possible that the drug interaction can also cause drowsiness or even cause you to fall asleep while driving. Discuss your prescriptions and OTC meds with your doctor if you find yourself with the slightest bit of tiredness. It’s possible that they should be taken at different times of the day to avoid this side effect.

Consuming alcohol can also exacerbate the effects of a “sleepytime” medication if it’s taken around the same time. It may be wise to avoid alcohol altogether to prevent the interaction that could put you at risk of an accident, as well as avoiding the drug if possible to avoid times when you would be driving.

Penalties For DUID

Much like a DUI for alcohol, DUID can bring equally harsh penalties including:

  • Fines
  • Jail time
  • Substance abuse assessment and treatment
  • License suspension of a year or more
  • Court costs
  • Attorney’s fees
  • Dramatic increase in car insurance rates
  • Vehicle seizures for habitual offenders

North Carolina has five levels of severity for DUI charges, from 1 through 5, with 1 being the most serious. Subsequent instances of DUI/DUID bring increased penalties, including a mandatory minimum jail time of one year, which can’t be suspended or waived.

Much like an alcohol-related conviction, a DUID means you’ll face other, more serious consequences, including issues with employment.

Call Raleigh’s Experienced DUID Attorney, Dewey P. Brinkley

Dewey P. Brinkley is a Raleigh attorney who can aggressively defend you against DUID charges and protect your rights in court. He will work with you to review all the evidence in your case and ensure that you have a fair trial.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DUI case at (919) 832-0307. You can also use our online contact form.

Reasons You Could Get Your Driver’s License Suspended In Raleigh, NC

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It’s happened—your driver’s license is suspended, and you need to get around. That means you’ll need to make arrangements to get around for a while. If you’ve been considering carpooling, taking public transit or bicycling to work for a while, you’ll be covered. But you’ll still need to deal with the suspension, and getting your license back.

Why Your License Was Suspended

North Carolina has a number of reasons why your license might be suspended, including multiple traffic violations.

Reasons You Could Get Your Driver's License Suspended In Raleigh, NCFor a single offense, you can lose your license for:

  • 30 days if you were driving over 55 mph and at least 15 mph over the speed limit
  • One year if you fail to stop and offer aid when involved in an accident
  • Three years for illegal street racing with another individual, which includes the seizure of your vehicle

Having more than one offense or conviction can also lead to a suspension:

  • One year if you have two or more convictions for driving over 55 mph and 15 mph over the speed limit.
  • A conviction of reckless driving and one of the aforementioned speeding
  • A conviction of speeding over 75 mph
  • A court sentence that prohibits your ability to operate a motor vehicle for a specific time period

You can also request a suspension hearing by calling your local DMV or writing to the DMV in Raleigh. They will notify you by mail of the time and place for your hearing. You can appeal their decision within 30 days.

Non-Driving Reasons For Suspension

So your driving record is perfect, but your license was still suspended? There could be another reason for that, including:

  • Not appearing in court for other traffic or parking tickets
  • Drug/alcohol rehab
  • Not paying court-ordered child support
  • Fraudulent actions
  • Leaving a vehicle running with an unattended child inside
  • Other court probations and/or violations

Suspension Vs. Revocation

A suspended driver’s license is only suspended for a period of time, such as 30 days. You will not have to re-apply for your driver’s license and re-take any tests. You may be required to pay fines to tickets as well.

A revocation indicates that your license was canceled completely, along with your driving privileges. Your license can be reinstated once you meet the state’s eligibility requirements.

Getting Your License Back

The suspension isn’t the same as a complete revocation, and you can drive again. Once your suspension period is over, you can have it restored by:

  • Paying a restoration fee of $65 to the North Carolina Department of Motor Vehicles (DMV)
  • An additional $50 fee if you didn’t turn your license into the DMV before the start of the suspension period
  • An additional $130 fee if your suspension was for Driving While Impaired (DWI)

Working with an attorney who specializes in driver’s license suspension can make the process easier, especially if you experience any obstacles in the process or need to file a DMV appeal.

You Can Drive Again

Having your driver’s license suspended is a serious inconvenience, and can cost a considerable amount of money if you’re unable to get to work or get around. Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. Call today: 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.

Types of Traffic Violations in Raleigh, NC

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Most Tarheel State residents are familiar with DWI, or Driving While Impaired, which is the charge for someone driving a motor vehicle while or after drinking alcohol. But even for drivers who have never had a drop of alcohol before, there are still a range of traffic violations that can be as serious as a DWI—and about as expensive.

But if you’re not familiar with some of the charges that you can receive on a ticket, we’ve compiled a list of some of the more common charges. You should be aware of these violations and have some understanding should you find yourself speaking to a police officer.

Driving Without A License

There are two versions of this ticket:

  • Driving Without A Valid License, when you are unable to produce a license or your license has expired. This charge is also levied against individuals from foreign countries who fail to obtain a legal NC driver’s permit, and can include harsh penalties.
  • Driving With A Revoked License, a class 2 misdemeanor that can add 3 points to your driving record and increase your insurance as much as 25%. You could also face high fines and possibly jail time for this charge.

Careless & Reckless Driving

This charge usually includes speeding, but is used anytime a driver operates their vehicle in an unsafe or irresponsible fashion. This charge can lead to a suspended license.

Types of Traffic Violations in Raleigh, NC

Exceeding Posted Speed

Not a “speeding” charge, it’s a lesser charge that can escalate your insurance rates.

Speeding

This common citation can include both fines and points on your driving record as well as dramatically increase your insurance rates.

Failure To Stop For/Passing A Stopped School Bus

This is a Class 1 misdemeanor, with the possibility of 120 days in jail or community service and driving school. The charge includes a $500 fine and $190 court costs, and it must be paid before renewing your license and vehicle registrations for all your vehicles. You’ll gain five points on your driving record and four on your insurance record for this one, with the potential for an 80% increase.

Hit & Run

It is illegal to leave the scene of an accident in NC, as well as many other states. After an accident, all drivers are required to stop and wait for police. You’re also required to exchange information with all other drivers, and ensure that any injured parties receive necessary medical attention.

If you must leave the scene of the accident to notify police, get immediate medical attention, or prevent further injury to yourself or other parties, you must return to the scene within a reasonable period of time or face charges.

North Carolina sees hit & run as both a misdemeanor and a felony, depending on the severity of the accident. Penalties range from fines and 120 days in jail to a Class H or Class F felony, with high fines and as much as 41 months in jail.

DWI, Driving While Inebriated (Including Provisional DWI)

We discuss this charge in-depth on our website, as well as in a number of blog posts. North Carolina has some of the harshest DWI laws in the US, with high fines and jail time for those convicted.

Ignoring It Will Not Make It Go Away

Even for the most minor violations that you might think are “no big deal,” you must pay attention and take care of a ticket. Some may not require you to appear in court, others will. But ignoring the citation altogether will it will cost more to get your license restored if you get to the point of suspension. Read your ticket carefully and understand instructions for payment before you find yourself with additional issues like:

  • Failing to appear for a speeding ticket adds a $200 fine
  • Eventual license suspension for failing to appear and pay a fine for speeding
  • A warrant for your arrest
  • Additional points

It’s also not wise to pay the fine and be done with it—that’s an admission of guilt, and can raise your insurance rates as well. A Raleigh traffic ticket attorney can inform you of all your legal options.

Points Add Up

Different charges come with different amounts of points that are added to your driving record. Rack up enough of them, and you may be assigned to a “driver improvement clinic.” If you continue to rack up points, your driver’s license can be outright suspended:

  • First suspension: 60 days
  • Second suspension: 6 months
  • Third suspension: 12 months

Points are cancelled after the license is reinstated.

Insurance rates can also escalate, and additional fines and fees may be required to reinstate your license.

One option is to request a reduction of your charge to a lower ranking citation. If the court agrees, you could avoid having points added to your driving record.

Defense For Traffic Violations

Even with minor charges, traffic violations can cost money and cause trouble later. Ignoring a traffic ticket can bring additional problems than if you’d dealt with it at the outset, so get help.

Dewey P. Brinkley is a Raleigh traffic ticket defense attorney who can aggressively defend you against traffic tickets of all types—including DWI—and protect your rights in court. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DWI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form

How A DWI Conviction Can Affect Your Current And Future Employment In Raleigh, NC

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As we’ve mentioned before, DWI is a very expensive arrest, even if you’re innocent, or failed your field sobriety tests. From the moment you are arrested even for suspicion of DWI in Raleigh (or anywhere in North Carolina), you must defend yourself, your driver’s license, and your reputation. Each of these things will cost money.

But employment is one part of the DWI that most people don’t think about. Will you be fired? How will you get to work? What about your car? All these things come into play after you’re arrested and charged with DWI in North Carolina.

The Aftermath: Your Current Job

How A DWI Conviction Can Affect Your Current And Future Employment In Raleigh, NCDepending on where you’re employed and what you do now, you may or may not be terminated. North Carolina is an “at-will” employment state, where you can be terminated with or without a cause, and there may be a policy that a DWI or other criminal arrest is cause for immediate termination.

Depending on the company’s handbook and policies, you may be required to notify your company immediately (and you may still be terminated.) If they don’t find out from you, and find out from another employee or some other source, it could make a difference.

After your arrest, your driver’s license is immediately suspended for 12 months. You may be able to have limited driving privileges after 10 days for driving to and from work (if you are still employed.) In either case, you’ll have to find another way to get back and forth to work for a while.

If driving is an essential part of your job and requires you to have a commercial driver’s license, there is a good chance you will lose your CDL—and your job.

Any kind of professional licensure—medical, legal, professional pilot, or other license—requires that you report any arrests and/or convictions to the issuing agency. As a rule, you will lose your license, as well as your job.

Absenteeism may also be a factor. Court appearances and possible jail time will force you to miss work. Excessive absenteeism may be cause for termination.

Background Checks And Disclosures

If you’ve lost your job and are looking for another one, a DWI will most certainly show up on a background check. Arrest records are also public records, available to anyone who wants to find it.  Nearly everyone is checked, and if you don’t disclose something that shows up, you’ll lose any chance you may have had of being hired.

Take a proactive stance: get a background check on yourself and see what show up. You may discover other mistakes that will keep you from finding a job as well.

Jobs To Avoid After DWI

You will be ineligible for a number of different types of jobs after a DWI. They include:

  • Government jobs, including joining the military
  • Teaching jobs, daycare jobs and other jobs working with children
  • Jobs that involve handling highly confidential information
  • Driving jobs: bus and truck drivers, delivery drivers, outside sales jobs that involve driving and visiting customers

Interviewing And Getting A Job With A DWI In Your Record

A DWI doesn’t necessarily mean you’ll never be able to work again. Despite the difficulties of a DWI, it is possible to interview and find another job post-conviction. But it does mean handling things differently.

Some companies may only ask about convictions, not arrests. In that case, you may not be required to disclose the arrest; ask your DWI attorney for clarification.

It’s best to mention it only if and when you are asked. While an experienced interviewer will likely not be surprised, make your explanation short and succinct, and include the steps you’ve taken afterwards, such as rehab or other corrective actions. Describe what led to the DUI and what you’ve learned from the experience, as well as other things you’ve done to restore your life. Mention that you’ve not driven after drinking since, and that you would never do anything to harm the company’s reputation.

If your case is dismissed or you were found not guilty at trial, you can also request an expunction, or removal from your record, meaning it would be as if your arrest and/or conviction had never happened. You can start the process immediately.

Expunction isn’t available for a DWI conviction.

DWI Defense

A DWI charge is always serious, and can lead to serious employment implications now and in the future.

Dewey P. Brinkley is a Raleigh DWI defense attorney who can aggressively defend you against DWI charges and protect your rights in the courtroom. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DWI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

Are All Raleigh, NC Traffic Tickets Public Record?

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Maybe you were speeding, buzzed through a stop sign, or made an illegal left turn somewhere while in an unfamiliar area. However, it happened, you find yourself with a traffic ticket.

It might seem like a small thing, but Raleigh, NC traffic tickets can add points to your driving record. Enough points can suspend your license. But are they public record that anyone can find?

A Ticket Is A Court Case

Police officer pulling a blue car over on the side of the road to give them Raleigh, NC traffic tickets.Anytime you’re issued a traffic ticket, you’re given a court date to appear. You can hire a traffic ticket attorney and have them take care of it. This, of course, is depending on the charge and severity. For instance, running a stop sign is not as severe as a DUI or vehicular manslaughter, for which you will be required to go to court, and possibly spend time in jail. But they will all have a court date.

A “waivable” traffic ticket is one you can pay the fine for and be done with it. This means that you’ll waive your right to trial, plead guilty, and accept the points and or other consequences of that ticket. This only applies to charges like minor traffic and equipment violations, not something more serious like DUI.

Can Anybody Find My Ticket?

Yes, but it’s not as easy as you think.

Only someone who has a “vested interest” can find your Raleigh, NC traffic tickets upon request, if they have the required information needed to find it. These individuals must agree to the website’s terms of service.

Anyone requesting the information online will be required to read and certify:

I certify under penalty of law that I am entitled to personal information from the requested driving record under one or more of the permissible uses listed in the federal Driver Privacy Protection Act.*

I am aware that there are federal criminal and civil penalties for knowingly obtaining, disclosing or using this personal information for a purpose not permitted under DPPA (18 U.S.C. Sections 2721-2724).

I also understand that North Carolina G.S. 20-43.1 prohibits someone from obtaining personal information from a driver record by purposely or knowingly misrepresenting his or her identity or the use for which he or she is seeking that information. Anyone who does so may be charged with felony tampering with a public record.

While your personal information (name, address, etc.) are not publicly available under Chapter 123, Section 2721 of the U.S. Code (Driver Privacy Protection Act), and N.C. G.S. 20-43.1, some parties and/or entities can access your driving record (including personal information), some personal information may be disclosed upon request. They include:

  • You, the driver, to receive your own driving record
  • Insurance companies, for rating or underwriting, claims, and anti-fraud activities
  • Employers to verify information for commercial drivers’ licenses
  • Private toll operations, to identify drivers
  • To notify owners of towed or impounded vehicles
  • In the course of normal business (conditions apply)

The entire list of interested parties who can access your driving record can be found on North Carolina’s DOT website.

Caveat—Lawyer Advertising

The NC Department of Public Safety states on its website that if you receive an unsolicited letter from an attorney offering help with your traffic ticket, it’s the result of getting your name from the Clerk of Superior Court, and has nothing to do with the officer who issued it.

Need Help With Raleigh, NC Traffic Tickets?

If you’ve received a traffic ticket and would like to learn more about your options, contact our offices any time or call 919-832-0307. Dewey P. Brinkley is Raleigh’s leading traffic ticket attorney, and can help neutralize the effects of traffic tickets on your driving record.

How To Fight A Raleigh, NC Traffic Ticket

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A traffic ticket can be one of those minor annoyances that are part of everyday life in the Tarheel State. But getting a traffic ticket can also cost more than a little fine. Depending on the charge, your insurance could go up, and you’ll likely have an increase of points on your driver’s license. (More than 12 points, and your license could be suspended.) If you drive for a living, you could lose your job as well as your license.

Sometimes, drivers have been known to talk their way out of a ticket. But that’s not always an option.

While it’s tempting to just pay it and be done with it, you may not want to do that. But how do you go about fighting a Raleigh, NC traffic ticket? It takes a little time and effort, but it can be done, successfully.

Dispute The Officer’s Subjective Judgement/Conclusion

If you were in a situation where the officer was required to make a judgment call as to whether or not you violated the law, you may be able to levy a challenge. Was the officer in an ideal location to observe your actions when giving you a Raleigh, NC traffic ticket?

Dispute The Officer’s Observations

Police office going over to a motorcyclist to give them a Raleigh, NC traffic ticketWhile a police officer’s observation and opinion is frequently the prevailing one, evidence may be used to prove your side of the story:

  • Witness statements who can substantiate your version of the events (these would be passengers, bystanders or anyone else who was a witness)
  • Drawings and/or diagrams of the area where the ticket was issued, including the locations of your vehicle as well as the officer’s. Include locations such as stop signs, other vehicles, traffic signals and other landmarks.
  • Photographs of the area where you were stopped and ticketed, including road conditions, obstructions, and anything else that can prove your version of events.
  • Additional evidence that would dispute the officer’s ability to correctly observe your alleged violation.

The “Mistake Of Fact” Defense

Old, faded or hidden stop signs, or other markings that aren’t readily visible can mean that even the most attentive drivers miss something. Because the sign or instructions weren’t clear to the driver, (especially something like a stop sign that’s hidden behind a tree, branch or other obstruction) you weren’t given notice of the conduct that was expected. Under these circumstances, a judge may dismiss your ticket as a “mistake of fact.”

If you find yourself in this situation, taking pictures of the hidden sign or other invisible signage is essential to proving your case.

“Legal Necessity” For Your Actions

Should you find yourself in a situation where you needed to pull over, speed up or slow down to avoid an accident, injury or other danger, you may be able to use this defense. Rather than disputing the officer’s testimony, you’ll introduce another legal point which may be successful.

For instance, if your vehicle began making a loud noise, or suddenly stops operating, you stop in the middle of the road to avoid harming other drivers and causing an accident. Or you swerve and/or speed up to avoid another vehicle that’s out of control or an unexpected object. If you’ve ever swerved to avoid a bag or a box in the road, you understand this.

Of course, you’ll also need evidence, such as pictures, repair bills, witness statements, or other documentation in order to prove your defense.

Winning By Default

Police officers sometimes don’t show up for court. If this happens, and your ticket is dismissed, pat yourself on the back. Make sure you don’t owe any fines or court costs before you leave the courthouse, or you’ll be in for another surprise later.

You Can Fight A Raleigh, NC Traffic Ticket

Don’t fight a ticket alone, especially if you already have points on your license. Keep your license and your driving record clear with the right help. Dewey P. Brinkley is ready to help you fight back against a traffic ticket and keep your driving record clear. Call him today at 919-832-0307 or contact him online to schedule your free consultation.

 

Reinstating A Suspended North Carolina Driver’s License

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It happened—you now have a suspended NC driver’s license. You can’t drive. How will you get to work or school? Are you stuck with public transportation and bumming rides from friends and relatives? Not necessarily.

In North Carolina, you can drive again after a suspended license, but not while the license is suspended. That, of course, is another charge, and you could see your suspension period increased face large fines and even the loss of your car.

Reasons You May Receive A Suspended NC Driver’s License

Gavel and scales of justice on an open legal book in a home library to show researching a suspended NC driver's license and what to do about it.One of the determining factors may be why your license was suspended. Those reasons dictate the time period for a suspension, including

A combination of more than one traffic offense can increase your suspension period.

License Restoration After Suspension

A license suspension is for a period of time, and your driving privileges are reinstated after that time period. You will not have to retake the driving test or apply for a new license, but you can request a hearing to appeal the suspension. An experienced attorney can help you with your hearing and appeal.

When your suspension period is over, you’ll get your license back by:

  • Paying a $65 restoration fee to the North Carolina DMV
  • Pay a $50 service fee to the DMV if you didn’t surrender your license to the DMV at the time of suspension
  • Pay an additional $130 fee if you’ve been convicted of DUI (driving under the influence) and it was the reason your license was suspended in the first place

Revocation, on the other hand, is a termination of your driving privileges, and requires a longer process to be reinstated, including re-taking the driving test and applying for a new license.

You can also request an administrative hearing by calling the DMV in Raleigh.

License Points

Anytime you commit a traffic violation, you’ll accumulate “points” on your driving record. When you reach 12 points in a three-year period, your license will be suspended for 60 days. Subsequent accumulations will yield longer suspensions.

If you have more than seven points on your record, you can drop three points off your record by taking a $50 Driver Improvement Clinic. You can attend one of these clinics every five years, and remove three points each time.

You Can Drive Again

Reinstating your suspended NC driver’s license after a suspension takes time and a little patience. Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. He can work with you to navigate the appeals process, and defend you in any court hearing. Call today: 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.

 

Are Field Sobriety Tests Accurate In Raleigh, NC?

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We recently discussed the admissibility of the Field Sobriety Tests (FST) commonly used at DUI checkpoints and traffic stops in North Carolina. These physical tests are administered in conjunction with a breath alcohol device that is intended to measure the amount of alcohol in your system.

In a word, no. Commonly used by police to determine intoxication, FSTs aren’t foolproof. Although FSTs are the norm, the decision of intoxication lies solely with the officer at the scene. The officer will use his or her own judgment, based on visuals, FSTs, and a breathalyzer to determine whether to complete an arrest based on an assessment of DUI.

What Are FSTs?

There are three standard Field Sobriety Tests that are used in Raleigh and nationwide after an officer has administered a breath or blood alcohol test:

  • A sad man in his red car after failing his field sobriety test in Raleigh, NC.The “Walk-And-Turn” Test, in which you’re asked to walk in a straight line, one foot in front of the other, for a specific number of steps. Your balance as well as your ability to remember the number is observed.
  • The “One Leg Stand” Test, in which you stand on one leg and count to 30, presumably for 30 seconds. The officer will observe to see if you can stand, or you use your arms, hop, sway, or put down your foot while trying to balance.
    • In both of these tests, factors such as age, fatigue, physical condition, injuries, and even uncomfortable shoes can make balancing difficult. Even sober, you may be ruled “intoxicated.”
  • The “Horizontal Gaze Nystagmus Test” (HGN), where the officer checks your eye movement while moving his finger or other object side to side.

Other non-standard tests that may be requested by an officer are reciting the alphabet backwards, putting your finger on the tip of your nose, and counting forward, then backwards. These are not scientific nor standard tests. They are not accurate for determining intoxication, and challenged in court if used to arrest you for DUI.

Challenging the FST Results

The protocols for these standard FSTs were developed in a laboratory under controlled conditions. If you’re being asked to perform them, it’s probably on the side of the road.

The FSTs were developed by the Southern California Research Institute (SCRI), which determined that these three tests were the most accurate for determining intoxication. Initially, their success rate was around 40%. Over time, SCRI standardized the testing so that it gave an 82% success rate. However, this number only reflects the ability to detect intoxication, not the ability to drive a car.

If a police officer stops you, even sober, you are already stressed. The likelihood of being able to perfectly stand on one foot for 30 seconds without wavering or holding up your arms for balance, then counting to 30 (or until told to stop) is very low. Yet this is one of the gold-standard “tests” for determining sobriety in a driver.

The established guidelines for administering the standard FSTs are not always precisely followed. Even correctly administered, the FSTs may inaccurately indicate intoxication. Police officers aren’t penalized for arresting an innocent individual, so they will make the arrest anyway.

As mentioned previously, other factors can inhibit someone’s ability to complete the FSTs. Even with a blood alcohol content (BAC) below the legal limit of 0.08, an officer may make an arrest for DUI based on how you perform when asked.

Results from FSTs are known to be subjective, and offices who incorrectly administer or evaluate will create an inaccurate decision. The results could then be challenged in court.

Defense For DUI And Inaccurate Field Sobriety Testing

Even if you’re 100% sober, FSTs don’t tell the whole story. An experienced DUI attorney can challenge the officer’s findings and request a dismissal of charges dismissed based on the inaccuracy of the FSTs.

Sober or not, a DUI charge is serious, and must be handled correctly to avoid more serious consequences. Dewey P. Brinkley is a Raleigh DUI defense attorney who can aggressively defend you against false DUI charges and protect your rights in court. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DUI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.