Tag Archives: Dewey P. Brinkley Law

Raleigh DWI Lawyer Answers – What Happens After You Get Your First DWI? (Video)

This is Part 24 of our weekly North Carolina Criminal Defense video blog: “What Happens After You Get Your First DWI?

Transcript:

When you get your first DWI, generally you are going to be sentenced to unsupervised probation for 12 months, you’re going to be ordered to do community service, and your license will be suspended for a year. You will be eligible for a limited driving privilege as long as certain aggravating factors are not present in your case; you didn’t injure someone, there wasn’t a person under 18 in the car at the time, you don’t have a prior DWI conviction, or your license wasn’t revoked at the time for a prior DWI conviction.

As long as those things are true and this is your first offense, you can expect unsupervised probation, community service, you’ll be ordered to get an assessment and treatment, and ultimately you’re going to be eligible for a limited driving privilege just so you can drive to work while you’re serving that suspension.

Raleigh Defense Attorney Answers, “What Types of Felonies Have You Defended?” (Video)

This is Part 23 of our weekly North Carolina Criminal Defense video blog: “What Types of Felonies Have You Defended?

Transcript:

I’ve represented clients charged with murder, felony sex offenses, robbery with a dangerous weapon, kidnapping, and assault with a deadly weapon with the intent to kill. I’ve tried all of those types of cases before a jury here in Wake County. I’ve tried probably at least 30 felony trials where the offense was what we consider a Class A through E felony.

Defense Lawyer, Raleigh NC – What Is Your Most Rewarding Win? (Video)

This is Part 22 of our weekly North Carolina Criminal Defense video blog: “What Is Your Most Rewarding Win?

Transcript:

I’ve had a client who was charged with molesting his daughter. The facts of the case were that the daughter came forward after a significant amount of time and alleged that her father had touched her inappropriately as a child and my client vehemently denied ever having done anything like that.

The mother and father, my client and his wife, were going through a divorce. The mother was pushing the prosecution of that case. Ultimately, he testified and we secured a not guilty.

It was extremely emotional and the level of preparation and detail and sitting with that client and preparing him to testify was probably the most emotional and rewarding verdict that I’ve had as a criminal defense lawyer.

Meet Raleigh Defense Attorney Dewey P. Brinkley (Video)

This is Part 21 of our weekly North Carolina Criminal Defense video blog: “Meet Raleigh Defense Attorney Dewey P. Brinkley

Transcript:

My name is Dewey Brinkley. I practice criminal defense and traffic law here in Wake County, North Carolina. I’ve been a criminal defense attorney for about 13 years now. I was an assistant DA here in Wake County for about two and a half years, mainly in district court, some in superior court.

The real benefit of being an assistant DA is you get to try so many cases. It has helped my development as a defense attorney just to have that trial experience and kind of know how the other side approaches cases.

I really found it to be an invaluable experience to do that. I got lots of trial experience as an assistant district attorney. I got to meet law enforcement officers. I learned a lot about our judges and our district attorney’s office. I learned the elements of crimes, and I think it really helped me to understand what the weaknesses in certain cases may be.

Raleigh Criminal Lawyer Dewey P. Brinkley – Cases Our Law Office Accepts (Video)

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.

Raleigh DWI Lawyer Answers, “What Should You Do When Stopped for DWI?” (Video)

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.

For more answers to common legal questions in the Raleigh, NC area, subscribe to our channel.

Raleigh DWI Attorney Answers, “Should You Take a Breathalyzer Test?” (Video)

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.

Raleigh DWI Lawyer Answers, “Should You Take a Roadside Sobriety Test?” (Video)

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.”

Raleigh DUI/DWI Limited Driving Privileges

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.

Understanding Limited Driving Privileges in North Carolina

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.

Pre-Trial DWI Charge and Limited Driving Privileges

Raleigh DUI/DWI Limited Driving Privileges | Dewey Brinkley LawAccording 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:

  • You had a valid driver’s license at the time of the offense (or your driver’s license was expired for less than a year)
  • You do not have a pending DWI charge, or you receive another DWI conviction while your case is pending
  • You had your driver’s license revoked for 10 days of a 30-day revocation or at least 30 days for a 45-day revocation
  • You obtained a substance abuse assessment from a mental health facility. You must also register and participate in any recommended training or treatment.

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:

  • Proof of Insurance through Form DL-123
  • Proof of completion of a substance abuse assessment or proof that you enrolled in recommended treatment
  • Certified copy of your 7-year driving history from the DMV
  • Payment of $100 to the Clerk of Court

Eligibility for Limited Driving Privileges in North Carolina after a DWI Conviction

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.

What You Can Do With a Limited Driving Privilege

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:

  • You cannot drive with any alcohol in your system (BAC of 0.00)
  • You cannot drive with a controlled substance in your body, unless it’s a lawfully prescribed drug taken in recommend amounts
  • Limited driving privileges do not include commercial vehicles (refer to statute § 20-4.01)
  • You can drive for medical necessities at any time
  • You can drive for work-related purposes during standard working hours, 6 AM to 8 PM, Monday – Friday. During this time, you may also drive in relation to maintenance of the household, educational purposes, attending alcohol assessments or other court-ordered requirements, and other specified activities.
  • Driving during the non-standard hours may be allowed if the necessary documentation is provided to the court

Contact Raleigh’s Top DWI Attorney at Dewey Brinkley Law

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.

Don’t hesitate, call Raleigh DWI attorney Dewey Brinkley at (919) 832-0307. Free consultations are available.

Raleigh Defense Lawyer – How to Politely Decline Answering the Police’s Questions (Video)

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.”