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Questions Answered by Kristen Dewar
1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I press charges against someone f I don't go to court will I get a failure to appear if I'm the one who press the charge
Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

No, you won't get a failure to appear as the prosecuting witness. If the defendant doesn't appear, he or she would be subject to a Failure to Appear/Order for Arrest.

1 Answer | Asked in Traffic Tickets and Consumer Law for North Carolina on
Q: I got a ticket for aiding and abetting cause I let someone drive my car under age. Will that raise my insurance price
Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

This ticket is a misdemeanor as well - insurance is one thing, but this charge is also criminal. Contact an attorney in the county where you were charged to represent you.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Does NC drop unpaid speeding tickets after a certain number of years?

This ticket is over 5 years old, on a licence I no longer have in a vehicle I have no access to. I also live in AZ with no way of going to court in NC.

Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

No, an unresolved traffic ticket will linger indefinitely in NC, and is likely been listed as "Dismissed with Leave", with a Failure to Appear or Comply on it. This suspends your NC driving privileges, which usually will suspend your out of state privileges as well. I recommend contacting... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Registration expired, I am within the 15 day grace period, but can I still get a ticket for expired *inspection*?

My check engine light was on, I thought it was because of a transmission leak. I got the leak fixed then took it to AutoZone to clear the check engine light. They told me the light was on because the second O2 sensor has gone bad, the more expensive one. So I never took it to an inspection place... View More

Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

They may give you a ticket for expired/no inspection, but if you are able to get the car compliant by the court date, the State will dismiss the charge. If you need more time, you can ask the State for a continuance at the next court date, which you'll likely be granted.

2 Answers | Asked in Traffic Tickets and Car Accidents for North Carolina on
Q: I have 2 tickets for same issue. One court date is Jan 4 and other is Jan 24. Is there a way i can post pone the 1st

Received ticket for expired tags in nov. Before could pay for inspection was in a wreck and they gave me another ticket for expired tags. Right now my car is at the body shop I don't even know if I'm getting it back because they're talking about total lossing it.i won't be able... View More

Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

You need to go to both court dates. When you miss court, the Court usually issues a Failure to Appear - and depending on the severity of the charge, an Order for Arrest could also be issued. A Failure to Appear notification gets sent to the DMV, which will indefinitely suspend your driving... View More

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My court date is the day before I get paid. Do I have to pay the fine and court costs on court date?
Kristen Dewar
Kristen Dewar
answered on Dec 16, 2017

No, in NC you have 40 days to pay by statute. You also maybe able to ask for additional time, depending upon the policies of the county where you receive your charge.

1 Answer | Asked in Criminal Law and Employment Law for North Carolina on
Q: I received a misdemeanor shop lifting charge when I was 16. Will it show up on a background check?

I was not arrested, the case was dismissed and sealed.

Kristen Dewar
Kristen Dewar
answered on Dec 12, 2017

If the case was dismissed and "sealed" - do you mean expunged? - then it would not show up on a background check. "Sealed" is what happens to charges you get in NC before you turn 16, if you were charged as a juvenile. If that was what happened, juvenile charges don't show... View More

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I have been charged with a simple assault, domestic violence charge. 1st offense. Can a public defender help dismiss it?

This case was is NC. I am from NJ and plan to attend court 12/20. My boyfriend is going to come and request the case to be dismissed as well. Can a public defender help me get these charges dismissed as this is my 1st offense and arrest in my life? Or do I really need a private lawyer? I do not... View More

Kristen Dewar
Kristen Dewar
answered on Dec 10, 2017

Generally, District Attorney's Offices are reluctant to outright dismiss domestic violence charges. A public defender, court-appointed counsel, or a private defense attorney all would have the same chance of having the charges dismissed. It is also not up to your boyfriend if the DA's... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: If my defense driving class got rescheduled to the day after my court date due to inclement weather what will happen

Will I be able to turn it in the next day? Or will my court date be rescheduled completely?

Kristen Dewar
Kristen Dewar
answered on Dec 10, 2017

You likely will have to request a continuance at your next court date, and set your next court date for a time after you've finished the course. If you bring documentation that the company administering the class rescheduled your class, through no fault of your own, you should be fine.

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1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Q: I am on unsupervised probation will I be drug tested at my community service intake?
Kristen Dewar
Kristen Dewar
answered on Dec 8, 2017

People on unsupervised probation are not usually subjected to drug tests, but it can happen.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Hello

My fiancé has been falsely accused of assault by her x husband , who is trying to keep her from leaving the state with her children. She has already been given permission by a judge to do so. She has full custody. He claims that she kicked a soccer ball at him striking him on his leg. he has named... View More

Kristen Dewar
Kristen Dewar
answered on Dec 6, 2017

Your fiancé can try going to the criminal magistrate after this case is completed to see if the magistrate will issue a warrant for filing a false police report. Your fiancé will have to be able to show the magistrate enough evidence to make the magistrate believe that there is probable cause to... View More

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: If offered a speed reduction and less of a fine or a non moving violation and higher fine, which would be the best?

This is for the first traffic violation. is it possible to call and request PJC even after appearing in court?

Kristen Dewar
Kristen Dewar
answered on Dec 6, 2017

Always pick the non-moving violation and the higher fine. Way better result. You cannot call and request a PJC. A PJC is not even the best result to request for a first time traffic offense in most circumstances. PJCs are to be saved for particular situations.

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1 Answer | Asked in Criminal Law for North Carolina on
Q: How do I get my boyfriend out of jail on a 2500 bond with no money?

This is his first offense and his bond is 2500 and I don't have any money to pay this. Can he use his car title as collateral? Ask for the first offenders act? ask for a prayer for judgement? Or 45 days with time served? since he's never been in trouble. Which is the best option?

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Get a bondsman. You'll have to put up between 10-20%. Not sure what the "first offenders" act is. And a PJC is not just something you just ask for. Contact an experienced criminal defense attorney in the county where he was charged.

1 Answer | Asked in Criminal Law for North Carolina on
Q: How can I get a bond reduction

My boyfriend currently has a bond of $500,000 charges are assault on a women robbery with a weapon and 2 counts kidnap

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Your boyfriend needs an experienced criminal defense attorney. If your boyfriend is looking for a bond reduction, it would likely be hard to get given what he's charged with, but your boyfriend's lawyer would have to show that your boyfriend has strong ties to the community he was charged... View More

1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Is it illegal to have sex with a 16 year old lady and 21 year old man? Also we both gave consent to the sex.

We been dating almost 2 yrs and taking things slow. I just don't want him or me get to trouble because of what we did. Is it ok to do so or wait a little bit longer when I'm older.

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Age of consent in NC is 16, so not, it's not illegal.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can I get a DUI for taking too much allergy medication?
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yup, if the State can prove that the allergy medication impaired your faculties while you were operating a motor vehicle, you can be charged with DWI. DWI is not just for alcohol.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can you get arrested for carrying an open bottle of beer on a public street in North Carolina?
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Yes. It's covered under N.C. General Statutes Chapter 18B; it also can be covered under your city/town ordinances.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Back in 2003 , I got two back to back dwi 's, within a month or so apart. Hired a good lawyer, I thought, who somehow

Flipped my paperwork around so come to find out dmv has me for 2 failure to appear with alcohol classes but " no dwi" convection but yet the court says I need classes.I'm clueless on what to do. Its been over 10 years and no more convections of any kind. Dmv says I gotta go by what... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Sounds like you need to contact a DMV-approved provider and get two new DWI assessments, and follow through on recommended treatment. If you had 2 DWIs, you'll need to complete 2 assessments but you can complete 1 set of classes (2 birds, 1 stone). After you get the classes done, they'll... View More

1 Answer | Asked in Civil Litigation and DUI / DWI for North Carolina on
Q: I had my NC drivers license reinstated in a hearing 2 weeks ago--I am required to have an interlock device--

I have had a throat injury and surgeries that prevent me from doing the blow and hum necessary to activate the interlock--I can do the breath sample but can not hum--does the state have to provide me with an alternate method--does the state have to deactivate the hum feature--I was declared... View More

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Contact DMV and ask.

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