Public records are any kind of information pertaining to a governmental agency. It’s data or other information collected by the government that isn’t of a confidential nature. The most common public records are birth and death records, marriage and divorce records, lien information and bankruptcy records, but there are quite a number of others. Accessibility depends on what state you live in.
Companies that charge for online record searches (i.e., Intellius) also use public records for background checks and people searcher functions. While they can provide the information you can find yourself, the sites can gather it much faster.
But after a DUI arrest, you may be wondering if anyone else can, or will, find out about it.
Arrest Records Are Public Records
If you’ve been arrested in Raleigh for DWI—or anything else—anyone can find out about it through a public record search.
According to the Wake County website, any kind of governmental record collected by any state agency is considered to be “property of the people.” Any information of this kind is to be made public unless it is specifically marked as confidential in nature (i.e., with identifying information such as a date of birth or Social Security numbers.) This includes arrest records, real estate deeds and other types of information that involves a public entity. Wake County abides by the North Carolina Public Records Law, found at N.C.G.S. Chapter 132, which explains public records in further detail.
Public records are required to be made available to the public for free or for a “nominal cost,” but are also accessible online. Internet access to public records is immediate, as well as saves Wake County money on maintenance, staff, and overhead.
City-County Bureau of Identification (CCBI)
Wake County arrest records are in the CCBI portal and are searchable for free. The types of offenses that are in the database are listed in the North Carolina General Statute § 15A-502. Driving while intoxicated is included in the list. You can access the database online and for free. However, current case status and dispositions are not included in the database but are available in the Wake County Clerk of Superior Court’s Office.
How It Affects You
Anytime you’re asked if you’ve been arrested, you’re required to disclose that you have (unless you’ve had an expunction in NC.) Background checks for employment, housing, education and other things are easy to get, so if you don’t answer truthfully, you’ll be found out almost immediately.
Loans like mortgages, student loans, credit cards and other types of revolving charges may be more difficult to get. This can limit your ability to acquire housing, education, and other necessities.
Additionally, a DUI arrest almost immediately raises your insurance rate, since you’re now “high risk.” You may even be dropped by your insurance company, but there are some insurers who offer insurance to those who have a DUI.
Fight The DUI
Dewey P. Brinkley is a former Wake County prosecutor who works to defend DUI 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 for a free consultation. You can also email him at dewey@deweybrinkleylaw.com.
Are you considering law school? You’re in a great place for it. Forbes recently rated Raleigh as the “#1 City For Raising A Family.” If you live here, you already know Raleigh is a great place to live.
North Carolina is home to six top-rated law schools. Three of them are in the Raleigh area, with two in nearby Durham. The Raleigh-Durham area is one of the fastest growing areas in the US, with a low cost of living. US News & World Report rates us as #13 in their list of 125 Best Places to Live in the USA.
Campbell University School of Law
RALEIGH, NC – APRIL 17, 2018: Facade of the North Carolina Supreme Court Building in Raleigh
Raleigh’s own law school is located right in the downtown area. A relatively new addition to American law schools, it began in 1976 with the first 97 students, and still works with a relatively smaller student body.
Today, Campbell law has more than 3,400 alumni, and the school has one of the highest pass rates for the bar exam in the US.
Campbell Law seeks to educate students to not only train compassionate lawyers who are dedicated to practicing law for a just society, but also from a Christian perspective. The exclusive peer mentoring program assigns incoming students to second- and third-year students who volunteer as supportive advisors. The law school’s active alumni base is both involved and engaged, and they frequently hire students and graduates for internships and jobs.
Most of Campbell Law’s graduates practice in North Carolina, with many in surrounding areas. Two of Campbell Law’s alumni serve as judges on the North Carolina Court of Appeals. More alumni sit on superior and district courts, as well as 15 district attorneys.
Duke is the first of two law schools in nearby Durham. The Bull City is another great place to live in the state, and Duke fits right in with the rest of the city.
From its humble beginnings, known then as Trinity College, Duke Law is now consistently ranked as one of the top law schools in the US. The school has consistently ranked as one of the top 14 law schools ranked by US News & World Report. Admitting about 20% of its applicants, roughly 95% of graduates are employed at graduation. Duke Law publishes multiple law journals and has a long list of notable alumni (including one US President, Richard Nixon.)
Duke Law also offers dual-degree JD programs, with Duke’s Graduate School, The Fuqua School of Business, Duke Divinity School, The Pratt School of Engineering, The Sanford School of Public Policy and the Nicholas School of the Environment and Earth Sciences. Academic and professional dual degree programs, as well as law and business degree programs, are available.
North Carolina Central University School of Law
The second law school in Durham, it was founded to help the African-American community become lawyers. A historically under-represented population in law schools and the practice of law, law students are educated to become lawyers who can easily and adequately address the needs of under-served groups.
NCCU School of Law operates 15 student-run legal clinics for low-income clients. Specialties include Intellectual Property, Criminal Defense, Family Law, Domestic Violence, Civil Litigation, and other commonly needed services.
The Street Law program brings second- and third-year law students into middle or high school social studies classes to teach law basics. Students hands-on skills that also help in breaking down complex legal concepts for both students and juries, as well as the skills they will need dealing with clients and going into court. Bringing real-world law issues and concepts to high school students helps them better understand things like Civics and other static subjects. Topics like court systems (state and federal), the criminal law process, and Constitutional law are brought to students and fosters an interest in a future legal career.
UNC School of Law
Chapel Hill’s own law school is just 30 miles west of Raleigh, less than an hour on I-40 West. Like many of our law schools, UNC’s curriculum builds practical skills for a future in the legal workforce. Graduates are not only ready for private practice attorneys in law firms, they’re trained to work in a number of different roles and fields. Corporate law departments, public service as elected officials and other public sector jobs are just some of the jobs UNC law graduates are ready to tackle. “With a Carolina Law degree,” the website says, “our students can go anywhere.” Five previous NC governors are UNC alumni, as are 3 members of the 113th Congress.
US News & World Report rates UNC’s Law School as #45. While the first-year curriculum is the same for all students, second- and third-year students have more flexibility to choose the courses that best suit their career path. Through a partnership with Duke University Law School and North Carolina Central University School of Law, students can also choose courses at either of these schools if they’re not offered at UNC.
UNC also offers more than $2 million every year in scholarship money, helping reduce student expenses (and loans.) Six legal clinics, mentoring and a supportive environment offer students hands-on experience in multiple disciplines.
The UNC School of Law even has its own legal blog. Run by faculty member Jeff Welty, a criminal law specialist, the North Carolina Criminal Law blog is published “to disseminate information about, and to serve as a forum for the discussion of, North Carolina criminal law and procedure and related topics.”
Elon University School of Law
Greensboro is also a drive on I-40 west, but less than 100 miles, and a little over an hour from Raleigh. North Carolina’s newest law school, Elon opened in 2006 and became ABA accredited in 2011. The unique 2.5-year program means you’ll graduate in December, take the bar exam in February and be ready to begin your legal career in the spring. Students in other programs won’t take the bar exam until at least July.
Housed within the School of Law is the North Carolina Business Court, a working court. Real cases in corporate law and other complex commercial disputes are heard and presided over by a judge. The cases are assigned by the Chief Justice of the North Carolina Supreme Court. Elon is one of the few law schools in the US to have a working court.
One of the hallmarks of Elon Law School’s program is a residency for each student that’s directly relevant to the curriculum. Live experience is available year-round, instead of just during the summer months. Additional hands-on opportunities are available with Elon’s legal clinics, internships, and clerkships. Mock trials, moot courts, and attorney-led case simulations also offer real-world legal experience that prepares you for your legal career.
Tuition is 20% lower than the national average for private law schools. The shorter degree program means you’ll graduate sooner than most, and begin working while other graduates are still in school. Dual-degree programs are also available.
Wake Forest School of Law
Although Winston-Salem is a farther drive (about 103 miles west on I-40 West), Wake Forest’s School of Law may well be worth the move. Accredited by the American Bar Association and a member of the Association of American Law Schools, this top-tier law school emphasizes smaller classes. Graduates routinely have a high bar passage, with an 81% rate from the 2016 class. US News & World Report ranks Wake Forest at #32 in 2018. Graduates find full-time employment within 10 months after graduation. Degree programs include Juris Doctor as well as JD dual degrees.
Wake Forest’s School of Law focuses on “fundamental lawyering skills,” and encourages students to “consider the social and economic settings in which legal principles and rules operate and the ways in which lawyers use those principles and rules in practice.” Other, non-legal instruction is part of a law student’s education. Topics like technology, oral and written communications, and functioning in a world that is quickly and constantly changing are also important for students and graduates.
The School of Law also operates eight law clinics for the public, where law students work with clients under the auspices of professors:
Appellate Advocacy
Child Advocacy
Community & Business Law
Elder Law
Innocence & Justice
Civil & Criminal Externship
Micro-Trade
Veterans Legal
The clinics offer real-world, hands-on legal experience for students before graduation. They also provide valuable legal representation to members of the public who may not otherwise be able to get it.
DUI Attorney in Raleigh, North Carolina
Dewey P. Brinkley is a former Wake County prosecutor who 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 use our online contact form) for a free consultation. You can also email us at dewey@deweybrinkleylaw.com.
Having your driver’s license suspended in Raleigh can be a very big problem, particularly if you have to drive to your job, drive for your job, or otherwise need transportation. Public transportation may be difficult, inconvenient or non-existent for where you need to go. Taxis and other private transportation can be expensive. Dewey P. Brinkley can help you bounce back after receiving a suspended license.
Why Was Your License Suspended?
North Carolina will suspend your license for a myriad of reasons. Drunk driving is an obvious reason, (including things like refusing to take a breath or blood test) but there are many other reasons:
A certain number of accumulated “points” on your driving record
Speeding, greater than 15 miles over the speed limit if you’re over 55 mph, 30 days
Failure to stop and render aid at an accident, 1 year
Driving without insurance or allowing insurance to be canceled
Failure to appear in court and/or pay traffic fines
Failure to pay child support
Your license can also be suspended for multiple minor infractions, such as accumulated tickets and/or traffic fines.
One speeding conviction for speeds greater than 75 mph
Two convictions of speeds greater than 55 mph within a 12 months period
One conviction of speeding faster than 55 mph with a reckless driving conviction within a one-year period
A suspended court sentence (or part thereof) requiring that you may not operate a motor vehicle for a specific period of time
Driving while your license is suspended is a Class 1 misdemeanor, and you could receive a fine as well as jail time.
How Do I Get My License Back?
For simpler suspensions, such as unpaid tickets and fines, it’s just a matter of complying with the requirements of the ticket or going to court. You’ll also have to pay a fine, as well as possible court costs, in addition to
You won’t have to re-apply for your license after a suspension, you’ll just have to comply with the conditions to release the suspension. You may also be offered the option to attend administrative hearings, which may shorten your suspension. (Some suspensions may require this step.)
Administrative hearings also have fees, from $40 to $450, depending on the reason for your suspension/revocation.
Hardship Licenses
In some cases, you can apply for a hardship license that includes very limited driving privileges. You can’t request one if you’ve had a DUI conviction, requested one in the last 3 years, facing pending charges or have several concurrent charges in North Carolina or any other state. In addition to proof of insurance, you’ll need a viable reason for driving, such as to and from work, maintaining your household and providing emergency medical care.
License Revocation
More severe than a suspended license, revocation means that you are no longer allowed to drive. Depending on the severity of your revocation, you can still have your driving privileges restored, it may just take longer (and cost more.)
You’ll be required to schedule and attend an administrative hearing. Before requesting a hearing, North Carolina’s DOT suggests consulting a suspended license attorney to see if your situation warrants one, or if you need one.
Start Driving Yourself
A suspended or revoked license doesn’t have to mean the end of everything. Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. Call him today at 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.
Drunk driving. It’s a serious problem in the US, including North Carolina, and one that even the US Supreme Court feels is important enough to rule on.
The Fourth Amendment
This is the amendment that prohibits illegal search and seizures. However, The Supreme Court has ruled that because drunk driving is such a danger, DUI checkpoints aren’t illegal. They just have to be random, and not used for general crime control.
In other words, the checkpoints are put up randomly and in various places, (i.e., not on a particular intersection every weekend) to enable police to check for drunk drivers. Should police encounter other, non-vehicular violations, (such as wanted suspects for other crimes) they are allowed to place these individuals under arrest. But they can’t use the checkpoints for that reason.
Checkpoints also have to be publicly announced. You can find out when and where checkpoints will happen at RoadBlock.org or DUIBlock.com.
Checkpoints usually occur late at night and early in the morning in the areas of bars and restaurants where, presumably, drunk drivers will frequently be caught.
Probable Cause
As a rule, a police officer must have probable cause to suspect you and stop you for something. Because of The Supreme Court’s ruling, DUI checkpoints in response to the innate dangers of drunk drivers do not override the rights of all drivers under the Fourth Amendment.
You Are Required To Stop
Since police officers are looking for drunk drivers at DUI checkpoints, you are required to stop. If you’re not drunk driving, have a current license and insurance, and not committing any other sort of crime, your stop will be quick and easy. It’s better to just go through the checkpoint and you’ll be on your way, even if it’s just a few minutes of delay.
If you see a DUI checkpoint or roadblock and turn left, right or around to avoid it, the police have the right to follow you, stop you, and specifically ask you why you avoided the stop. Even if your turn was completely legal and legitimate, (such as turning at an intersection or stop light to go to your residence or workplace) police have the right to stop you and ask about it.
Detecting Inebriation
If the officer suspects any inebriation or you exhibit signs of it, you’ll be asked to pull over and exit your vehicle. The officer will then ask you to submit to field sobriety testing and may administer a breath and/or blood test. You are required to comply or risk seizure of your driver’s license.
Get A Strong DUI Defense Attorney
The laws surrounding DUIs are complex. Attorney Dewey P. Brinkley is a former Wake County Assistant District Attorney who has strongly defended numerous DUI cases and will fight for you in court. A DUI is a serious charge, and you need someone who will make sure your rights are protected. Call the Law Office of Dewey P. Brinkley at 919-832-0307 to schedule your free DUI case consultation.
Most of us don’t think about what would happen if we lost our driving privileges. How would you get back and forth to work, and run errands? Get to your doctor’s and other appointments? Having a suspended license can be very difficult to overcome. A suspension (or revocation) also becomes a permanent part of your driving record that you can’t expunge.
If you are suddenly without the ability to drive yourself around every day, you may need an attorney to help you get your license back.
The Reason
There are a number of reasons why North Carolina may suspend your license. While DUI is a frequent cause for suspension, there are others, including:
Speeding
Reckless driving
Refusal to take a blood or breath test at a traffic stop or DUI checkpoint
Accumulated “points” on your driving record from minor violations
Unpaid traffic tickets and other issues
Part of a separate criminal court sentence
Non-DMV related issues reported by other state agencies, such as failure to pay child support
How Long Is My License Suspended For?
Depending on the violation, you’ll lose your North Carolina driving privileges for anywhere from 30 days to 4 years (for a second offense DUI.) Once that period is completed, and you’ve fulfilled the suspension requirements, your privileges will be restored. You do not have to re-apply for a driver’s license after a suspension.
Multiple offenses (especially from DUI) involve a revocation or permanent loss of your driving privileges.
How Do I Get It Back?
Your license can be restored after meeting eligibility requirements and paying all fines and fees. You may be required to attend an administrative hearing to shorten your suspension. A hearing may be required to determine your eligibility for restoration of your driving privileges after the revocation period.
North Carolina charges fees to restore your driver’s license once your requirements are completed (i.e., substance abuse assessment, driver’s ed, etc.) To pay these fees, you can go to any driver’s license office to pay in person, or by mail. These fees are separate from any other fines or charges imposed by the court or the DMV.
Additionally, if your suspension involves another agency, you will also be required to complete their requirements before your license is restored. For instance, if your license was suspended for back child support, your license won’t be restored until your balance is paid in full and brought current.
Applying For A Hardship License
Under certain circumstances, you can also apply for a “Hardship License” that would allow limited driving privileges after you’ve completed part of your suspension or revocation.
In addition to proof of insurance, you’ll have to offer a valid reason, such as driving to and from work, provide emergency medical care, and/or to run your household.
Your “limited license” would allow you to drive for 1 year, or for the remainder of your revocation, whichever is shorter.
Get Your License Back
Losing your license can be devastating. An experienced attorney can help you through the process of restoring your driving privileges. Attorney Dewey P. Brinkley has helped hundreds of people restore suspended and revoked North Carolina driver’s licenses. Call us at 919-832-0307 to schedule your free consultation. We can’t get every suspended (or revoked) license restored, but we’ll help you through the process, and help you avoid mistakes that may extend your suspension.
You’re driving down a highway, minding your own business, and then you see the flashing lights. The police, doing a random checkpoint for DUI. No problem, until you realize you’ve had a craft beer. Or a locally made wine. Or a glass of whiskey with a friend. What do you do now? Are these DUI checkpoints even legal? Can they really do that?
DUI Checkpoints Are Legal
North Carolina has some of the toughest DUI laws in the US. DUI is taken very seriously, and the state allows random checkpoints to find and detain inebriated drivers before they cause crashes, injuries and possibly deaths on the road. Checkpoints can also be used to find unlicensed and uninsured drivers, something that can’t be observed by general driving behaviors.
These checkpoints are legal under N.C. Gen. Stat. §20-16.3A. While the Fourth Amendment protects us from unreasonable searches and seizures, the Supreme Court has ruled that DUI is serious enough problem that random checkpoints are legal, and not a violation of the Fourth Amendment. Police cannot use checkpoints as a regular method of general crime control, that is, seek out non-traffic related violations.
DUI checkpoints are required to be random, not in the same place on a regular basis. Since surprise is the most effective way of catching inebriated drivers, checkpoints are only identified by flashing police lights.
Generally, the police must have probable cause to stop someone. But in response to the epidemic of drunk driving, checkpoints became an easier way to find and remove drivers from traffic. The government has a direct interest in combating drunk driving, and checkpoints are effective in finding those drivers to get them off the road. The US Supreme Court ruled them legal in response to the demand in 1990.
North Carolina also allows checkpoints to look for uninsured and unlicensed drivers, as well as those using suspended licenses. They don’t need a warrant, only need to follow written policies and ensure that the checks are completely random.
Your Rights DUI Checkpoints
Since the checkpoints are lega but controversial, you can object, but you are still subject to being stopped and questioned.
You can refuse a Breathalyzer test at the checkpoint, but you may be required to take other sobriety testing. Refusing may also imply guilt, you could be brought to the station, and it could harm your case later.
You can also request to wait for your attorney. But that may be interpreted as giving yourself time to allow your BAC (blood alcohol concentration) to decrease before it’s tested.
Don’t Turn Around
If you see a checkpoint, your first temptation may be to turn around and go in the other direction, even if you haven’t been near alcohol.
You may get away with it, and you may not. Police have the right to follow you and pull you over to ask why you decided to avoid the checkpoint. Even without alcohol, police see it as a presumption of guilt and avoiding them. You could even be taken into the station.
The Easy Way To Get Through A DUI Checkpoint
It’s simple: stop when told, answer questions, be polite, comply with the officer’s requests, take a test if asked, and you’ll be on your way. If you haven’t been drinking, you’ll be driving again quickly.
Need Help After A DUI Checkpoint?
Attorney Dewey P. Brinkley is a former Wake County Assistant District Attorney. He’s aggressively defended numerous DUI cases and will fight for you in court. DUI isn’t something to be taken lightly, and you need someone in your corner. Call the Law Office of Dewey P. Brinkley at 919-832-0307 to schedule your free DUI consultation.
Becoming a US citizen is an arduous, time-consuming process. Even getting a visa or becoming a permanent resident with a “green card” can take time, and there’s a lot of administrative work involved. The last thing you need on the way to becoming a law-abiding US citizen is to break the law. But if you’ve done just that with a DUI, it could impact your immigration status. A strong criminal defense attorney can defend you in court against a DUI.
Gaining US Entry
The US Citizenship & Immigration Services (USCIS) is a division of Homeland Security, and now manages entry into the United States. Their services include citizenship and permanent residency, including naturalization, bringing foreign family members of US citizens into the US, assisting with foreign adoptions and relocating foreign persons into the US after wars and disasters. They also assist people wishing to work in the US with HB-1 visas.
USCIS examines not only your application but your character. A single DUI conviction will not necessarily bar you from citizenship or a green card. But if a DUI is not your first, or it’s combined with another crime or crimes, (such as drug possession) you may very well lose your visa, green card status, or have your citizenship application disqualified. You will likely also be deported.
Medical Conditions
One of the many determining factors for US admission is a person’s health and medical conditions. As a medical condition, alcoholism can be grounds for denying US admission and would be a separate ground for disqualification.
Full Disclosure
You should always disclose a DUI when asked, particularly on your N-400 application. If you don’t, it will show up during a criminal background check anyway. Lying on your citizenship application will increase the chances it will be declined.
Immigration officials take DUI very seriously because it is a serious crime. You will be asked about the DUI and any mitigating factors, such as harm to anyone else in the car or if children were in the car with you. North Carolina also has some of the strictest DUI laws in the US.
Crimes of ”moral turpitude,” that is, crimes that display a lack of “good moral character”
Violations of controlled substances (drug) laws, either of the US or another country
Numerous criminal convictions that brought prison sentences of five years or more, whether singly or together
Participating in or benefitting in any way from:
Illegal drug trafficking, inside or outside the US
Human trafficking, inside or outside the US
Money laundering
Prostitution
Any one of these crimes, combined with a DUI or two will affect your application. You can review the list of disqualifications for permanent residency and citizenship at the USCIS website. Your immigration attorney can help you sort through your application, review any potential issues and help you resolve them. You’ll need a criminal defense attorney to help you with a DUI.
Form I-192
If you are barred from entering the US for one of the above inadmissibility criteria, you can file an I-192 Waiver for “Forgiveness of Inadmissibility.” While it is not a guarantee, should you find yourself deemed “inadmissible” as a result of a DUI, you can ask for forgiveness to enter the US. However, this form is for non-immigrants only, and not for individuals who intend to stay in the US and live here.
Legal Defense For DUI
If you’ve been arrested for DUI, and don’t know where to turn, call us for help. Dewey P. Brinkley is a former Wake County Assistant District Attorney and has worked with many individuals to reduce their penalties or acquit them. Call him at 919-832-0307 to schedule your free consultation. He will aggressively defend you in court. (Note: Dewey P. Brinkley is a criminal defense attorney, and does not practice immigration law.)
While drunk driving gets a lot of attention, intoxicated persons are not the only dangerous drivers on the road.
Distracted driving—especially texting while driving—causes a fair number of accidents by itself. The National Highway Traffic Safety Administration (NHTSA) reports that nearly 3,500 people in the US were killed in 2015 by distracted drivers, and 391,000 are injured in the same way every year.
Teenage drivers are the largest group of offenders, but every day over 660,000 people in the US are doing something else while they’re driving in broad daylight:
· Talking on their cell phone
· Texting/emailing using their cell phone
· Eating/drinking
· Adjusting the stereo or another entertainment system
· Other tasks that take attention away from driving
North Carolina’s “It Can Wait” campaign, as well as tougher new laws, aren’t having the positive effect officials hoped it would. That means a lot of people are still driving around and not paying enough attention to the road and other vehicles. If this is you, there are a few things you need to know.
Driving Distractions Cause Accidents
Anything that distracts your full attention from the road can cause a driver to be distracted enough to cause a crash. Texting is particularly dangerous not only because of the distraction factor but also by the cognitive actions involved—typing, reading, sending. (This is also called “inattentional blindness.”) All drivers are prohibited from texting in North Carolina.
AT&T has an online driving simulator that demonstrates how dangerous texting and driving can be.
While we know there are times where you “really need to take this call,” play it safe and pull over to the side of the road to do so if you can.
The Police Can Pull You Over For Texting
If your vehicle is in motion and you are caught texting behind the wheel, you can be pulled over and ticketed, with a $100 fine. This is true even if you’ve committed no other traffic violation (such as speeding or running a red light.) It’s not illegal to read or send texts or emails if your vehicle is stopped or parked (such as at a red light or in a parking lot while waiting for someone.)
“Novice Drivers,” those who are under 18, are prohibited from all cell phone use while driving, not just texting.
School bus drivers are also prohibited from using a cell phone while driving. This includes handheld and hands-free phone use.
GPS devices are currently allowed, however, they are also a distraction and can also cause an accident, as does using a cell phone’s GPS app.
What’s Next?
Although there is a movement to stop all cell phone while driving in North Carolina, not just texting, it hasn’t happened yet. Deaths in North Carolina have been attributed to distracted driving, but there really isn’t anything beyond the texting ban, yet.
Earlier this year, the North Carolina Governor’s Highway Safety Program launched “One Call Could Wreck It All,” an initiative to remind drivers to stop driving distracted. AT&T launched “It Can Wait” in 2013, and continues to promote safe driving, along with encouraging drivers everywhere to take their pledge and not drive distracted.
Let Dewey P. Brinkley Help
If you’ve been in an accident caused by distracted driving, contact our office at 919-832-0307 for a free consultation today. Mr. Brinkley is a Board Certified Specialist and an experienced defense lawyer who will represent you in court and ensure you have a fair trial with the strongest possible defense. He has extensive trial experience as a prosecutor in Wake County, North Carolina, and will work closely with you to build your case for trial. Don’t wait–call today.
Hiring a lawyer can be one of the most nerve-wracking things you’ll ever experience, especially if it’s for something you weren’t expecting. Ask these 5 questions before you hire a lawyer.
You may have a lot of questions, and that’s OK. (Skip generic, personal questions, like “where did you go to law school?”) Write them all down and take them with you for your first visit. You’ll want to find a lawyer who knows how to handle your particular case successfully, and interviewing them is a first step to easing your mind about your legal issue.
Many lawyers offer free consultations like we do. A lawyer will ask you about your case, but you should be asking your own questions, too. Here are five basic questions to ask a lawyer before you hire one.
1. What experience do you have in handling legal matters like mine? Is my case in the focus of your main practice area?
While general legal practitioners do still exist, finding a specialist who is an expert in your particular legal matter is a better idea. If you need a lawyer for a traffic violation, you wouldn’t want to find someone who is better skilled at divorce law. Consider it this way: would you go to your family doctor for brain surgery? Of course not—you’d want to find a skilled brain surgeon who knew exactly what he or she was doing. It’s the same as asking your favorite personal injury lawyer to handle a criminal case, especially if it’s one where you could face jail time.
2. How will you charge me for your services? This is a detailed question that you definitely need to ask. Don’t just ask, “how much is this going to cost me?” It’s not that simple.
Lawyers have different fee arrangements depending on the type of cases they handle. Personal injury and some other types of lawyers frequently use something called a “contingency fee” arrangement, where their fees are a percentage of any financial settlement you might receive (like one from a car accident.) But some charge either a flat fee or by the hour. You won’t know until you ask.
If your lawyer charges an hourly rate, you’ll also want to ask how often you’ll receive a bill, how they charge for parts of an hour, and if you’ll be charged for calling or emailing a paralegal or other member of their staff for updates about your case.
You should also ask if you’ll be charged a deposit for them to take your case.
3. Who will be my primary point of contact? Will you be handling my case, or will it be assigned to another lawyer or a paralegal?
This is important because you need to know who you’ll be talking to and who to ask for if you call. Paralegals and other support staff often take care of “back-office” work in law firms and handle phone calls so that the lawyer is freed up for court appearances and other legal tasks.
a. What’s the best way to communicate with you? Find out if they’d prefer calls, emails or even text messages for questions and short updates.
4. Do you have references?
Just like a job interview, references can be important. But because of privacy laws, a lawyer can’t just give you names and numbers of previous clients. He or she can, however, pass your contact information to a former client who may (or may not) contact you to discuss how their particular case was handled.
5. Do you have a written representation agreement that I can read before I sign?
Asking for this agreement will allow you to read carefully what happens when you hire this lawyer. You’ll know what to expect, and there shouldn’t be any “surprises.” If you do have any additional questions before you hire him or her, you should have an opportunity to ask them.
Additional questions are available at the North Carolina State Bar’s website. Don’t be embarrassed to ask—most lawyers welcome the opportunity to help, and will be happy to answer them for you.
Most of us don’t hire a lawyer very often, so we don’t know if we’re doing it right or not until we have a problem along the way. Asking questions and understanding the process of your particular legal matter is important to ensure that you’re working with your lawyer for a positive outcome.
Free Consultation
We’re happy to answer all of your questions about your case, whether it’s a traffic violation or offenses, drug charges, financial crimes or one of our other case specialties. Call us today at 919-832-0307 for a free initial consultation.
Dewey P. Brinkley is a former assistant district attorney in Wake County and has successfully defended thousands of clients in the Raleigh/Wake County area. Mr. Brinkley will discuss your DWI case with you and design your defense so you are properly represented.
Impaired driving, and especially drunk driving, is a serious problem in North Carolina. Most people don’t set out with the intent to get a DUI, or have a car crash. But every day, it happens. In some cases, there may be a fatality involved. If you were driving under the influence in North Carolina, you’ll probably be arrested and charged with a felony. At this point, you’ll need a criminal defense attorney with DUI experience.
What is a DUI?
Driving Under Impairment in North Carolina means that at the time of the accident, you had a blood alcohol concentration (BAC) of .08% or more, (or .04% if you were driving a commercial vehicle) you have any detectable amount of a Schedule 1 controlled substance in your body, or you are “appreciably [visibly] impaired” by alcohol and/or drugs.
Unintentionally causing the death of another person while driving in violation of North Carolina’s DUI laws is called “felony death by vehicle.” (A “misdemeanor death by vehicle” means that someone dies as a result of a non-DUI violation, such as speeding or reckless driving.) As a Class D felony, a conviction means 38 to 160 months in prison, fines that are set by the judge, and an immediate revocation of your driver’s license for at least one year. “Aggravated Felony Death By Vehicle” indicates that an individual had another DWI within the 7 years prior to the current DUI. A conviction could mean as much as 64 to 160 months in prison.
Because someone was killed, the charge becomes a Level 1 or Level 2 DUI, and minimum jail sentences cannot be suspended by a judge. Level 2 carries a minimum 7-day jail term, maximum one year, and is punishable by a $2,000 fine. Level 1 carries minimum 30-day jail term and a minimum fine of $4,000. If convicted, you must complete a substance abuse assessment, and comply with the recommended treatment plan offered in order to restore your license and driving privileges.
Repeat offenses and convictions may result in permanent revocation of your license and driving privileges.
What Happens Next?
After the arrest and charge, your license will be revoked for a mandatory 30-day period. If there are no previous convictions, you can show insurance coverage and you complete the substance abuse assessment, your attorney may request limited driving privileges after 10 days. You’ll have to attend a court hearing with your attorney.
If you are convicted of Felony Death By Vehicle, your license will be revoked for a minimum of one year, and you may face jail time. You will be placed on probation after your release from prison, and have a number of legal requirements to follow (i.e., alcohol abuse treatment, defensive driving) at the discretion of the judge.
DUI Is Double-Faceted
You will actually have two cases to deal with: the DUI criminal case and the suspension of your license, which is handled by the North Carolina DMV. An experienced DUI attorney can help you with both the criminal case and the restoration of your driver’s license. Your attorney will examine all the factors in your case, ensure that the arrest was correctly handled and all the facts are properly investigated. He or she will go to court with you to fight for you and make sure your rights are respected.
Take No Chances With Felony DUI
Felony Death By Vehicle is a very serious charge, and every case is different. Contact the top DUI/DWI attorney in North Carolina today at 919-832-0307 for a free initial consultation. Dewey P. Brinkley is a former assistant district attorney in Wake County, and has successfully defended thousands of DWI clients in the Raleigh/Wake County area. Mr. Brinkley will discuss your DWI case with you and design your defense so you are properly represented.
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