dwi lawyer in raleigh Archives - Dewey Brinkley Law

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

North Carolina takes drunk driving very seriously. With some of the strictest laws in the US, a DWI is a difficult charge to defend, and even more difficult to dismiss. But with the right legal representation, good fact investigation and a strong defense, a DWI can, in some circumstances, be dismissed. Here’s what you need to know.

Was The Arrest Conducted Correctly?

How Can I Get My Raleigh DWI Dismissed? A police officer must follow specific, proper procedures for a drunk driving (or any) arrest. He or she must have reasonable suspicion or probable cause to pull a vehicle over, and be able to prove that you were, indeed driving while intoxicated or otherwise impaired.

There are some occasions where an officer made multiple mistakes in the arrest and the DA dismisses the case, but those are very rare. If you’re not lucky enough to have the charge dismissed by the DA before trial, you’ll have to fight in court.

If the arresting officer mishandled the arrest or made other mistakes that are crucial to the arrest and criminal case, a judge may decide to dismiss the case completely. But you must have all the facts of your case documented, along with any evidence. Mistakes like:

Failing to read your Miranda rights (right to remain silent, to have an attorney, etc.)
Acting in a disrespectful and/or intimidating manner
Displaying any improper conduct toward you during your arrest
Improperly administering a breathalyzer or field sobriety test

Evidence That Disproves The Officer’s Claim And Creates Doubt

Again, the police officer must have probable cause to pull you over and begin an arrest. His or her testimony carries a lot of weight in court. However, details are important here. For instance, if the officer did not actually witness you driving the car while inebriated, there may be some doubt involved, and the case could be dismissed.

Witnesses who can corroborate your story can also be helpful. If bloodshot eyes are the only evidence of your “intoxication,” they could indicate another condition such as allergies or fatigue (or crying.) Without additional evidence, such as an odor of alcohol, a field sobriety test, or a blood alcohol level test, the prosecution can’t positively prove that you were driving and intoxicated.

One medical condition that can actually raise BAC is Candida albicans. That’s a scientific name for yeast overgrowth in the gut. In advanced cases, yeast overgrowth can actually cause detectable levels of alcohol in the blood without a drop of alcohol consumed. Candida can be diagnosed by a simple blood test and is easily treated and eradicated with antifungals and diet. But left untreated, candida can cause symptoms that could lead an officer to believe you’re actually driving drunk.

This is where you’ll need a good criminal defense attorney at your side, both before and during the trial. Your attorney can request evidence from the police department from the arresting officer’s records, including any video. He or she can also investigate other evidence before the trial that can prove your innocence.

You Can’t “Plead Down”

In some states, a DWI can be reduced to a lesser charge, like reckless driving. However, North Carolina doesn’t allow reductions of DWI. In fact, under N.C.G.S. 20-179.4, DWI charges are actually more difficult. Unless the state can’t produce a witness, such as a police officer or other witness that can prove that you’re guilty, your case will go to trial.

Get Help From Raleigh’s DWI Attorney

An experienced DWI attorney can review your case, examine details, investigate and find out the exact circumstances of your case before you go to court. That’s why it’s important to have someone who knows how to defend someone in a DWI case and bring a successful outcome.

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 for a free consultation. You can also email us at dewey@deweybrinkleylaw.com.