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Questions Answered by Bill Powers
2 Answers | Asked in DUI / DWI for North Carolina on
Q: can I contact the court

In 2001 I received a DWI while driving through Pasquotank county, NC. I hired a lawyer at the time to represent me because I was overseas still have a copy of the power of attorney, I never heard anything and assumes case was handled. I recently retired and live in Texas and found out the case was... Read more »

Bill Powers
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Bill Powers
answered on Aug 24, 2018

GREAT QUESTION

Call that lawyer up and get the file re-activated. They're in the best position to know what happened.

It's possible (although a bit unusual) the matter was handled by waiver, but things like Community Service, Fines, Costs of Court, etc., were never...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: How can I get a continuance for a speeding ticket in North Carolina? The court date is this Tuesday, cant get off work.
Bill Powers
PREMIUM
Bill Powers
answered on Aug 20, 2018

Legal counsel may be the easiest way to proceed, as in many traffic citations, a NC Traffic Attorney may be able to appear on your behalf.

Best bet, retain an experienced attorney in Forsyth County ASAP. Clark Dummit practices up there. Super nice fellow. Please say “hey” if you...
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: MIC laws in North Carolina

My friend and me were at a concert and were given a MIC. Two of us were NOT asked to blow. Two of my others were told to blow, and they did. We were not explained ANYTHING and we are not from North Carolina we don’t know how anything works in NC. We are from SC. AND I’am a half of week from... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Aug 20, 2018

GREAT QUESTION

By “MIC” one would assume the inquiring is referencing an Underage Possession of Alcohol charge. In Charlotte, we have different legal options. It makes sense to speak with an experienced Mecklenburg County Criminal Defense Attorney.

You may benefit from taking...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can you be charged for felony breaking and entering the building of a coin opperated landry mat that is open to the publ
Bill Powers
PREMIUM
Bill Powers
answered on Aug 13, 2018

GREAT QUESTION

That's certainly interesting. More information would likely be helpful, especially regarding what happened once inside the coin-operated laundry.

Given all the different possibilities, it likely is going to take a longer conversation with a lawyer to review...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I need to get an ID for my job but I have an order for arrest for Litter/not 15lbs and violation of court order for not

I went to magistrates office and they told me to just get it taking care of and let me go. will I be arrested at the DMV office getting an ID

Bill Powers
PREMIUM
Bill Powers
answered on Aug 13, 2018

Good Question

Normally DMV doesn't arrest people for the outstanding process (OFA Order for Arrest or Criminal Summons).

I have heard of cases where they've (DOT/DMV) called law enforcement, especially if someone drove on a revoked license or appears impaired at the DMV...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Cops mistakenly returned evidence to me

a meth pipe with residue was in my car. they charged me with possession sched 2 and drug paraphernalia. but when i got car out of impound, the pipe was still in it. so if they don't have physical evidence, do they have a case? should i refuse the plea and ask them to produce evidence during trial?

Bill Powers
PREMIUM
Bill Powers
answered on Aug 10, 2018

GREAT QUESTION

First and foremost, Rockingham NC is still somewhat "small town" NC. Law enforcement, even in Richmond County NC, can and do review internet postings.

So it makes sense to limit public posts Justia or other legal message board, especially regarding very...
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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Was buying a car had it insured used my tags to test drive the car from my other car was in accident got fictiactious ta

The car was totled and since then i bought another car with new tags.. Will it be dismissed?

Bill Powers
PREMIUM
Bill Powers
answered on Aug 10, 2018

Need more info, specially the nature and type of the criminal charges or NC traffic ticket.

IF it involves some sort of "unsafe movement" violation in Orange County NC, there may be legal options available. In Mecklenburg County, we often present proof of insurance coverage for...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Hello. On the 4th of July I went to a railroad bridge to jump off and swim. What is the normal punishment for this type

I got a trespassing on railroad right of way ticket. What will be the normal punishment for this. I have no other previous charges before this. Is there anyway I could get this dropped?

Bill Powers
PREMIUM
Bill Powers
answered on Aug 9, 2018

GOOD QUESTION

Need more info. Are you asking for info on NC criminal laws?

We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.

The DA's Office also considers...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: Failure to yield right of way while making a left turn to a car engaged in an unlawful maneuver. Is this negligence?

My husband was hit by a car passing to the right of cars stopped at an intersection on a one lane road as he was making a left turn. He was found to be partially negligent. Does the right of way rule apply to a car engaged in making an unlawful maneuver?

Bill Powers
PREMIUM
Bill Powers
answered on Aug 7, 2018

That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.

North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are...
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2 Answers | Asked in Criminal Law for North Carolina on
Q: Under new NC expungement laws is a deferred prosecution considered a dismissal ? And can I get it expunged ?

1 prior expungement

Bill Powers
PREMIUM
Bill Powers
answered on Aug 7, 2018

GREAT QUESTION

Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.

Thereafter, assuming the record is properly updated in the AOC...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: What are requirements for a malpractice suite?
Bill Powers
PREMIUM
Bill Powers
answered on Aug 6, 2018

Depends on the type of case. In North Carolina, there are VERY STRICT filing requirements and deadlines for claims of Medical Negligence.

Introduction to Rule 9(j). In 1995, the North Carolina General Assembly created Rule 9(j) of the North Carolina Rules of Civil Procedure to require...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can a police officer issue a citation later after not charging initially?

My grandson just got stopped walking a block to someone's house in the neighborhood where he is staying while going to college. A police office stopped him and found a small amount of weed. He told my grandson that he would not charge him if we would possibly be an informant. This is really... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Aug 6, 2018

Good question.

1. Informing is DANGEROUS; and,

2. A citation may still be issued, but that doesn't necessarily mean they can still prove the case.

One would necessarily need to know what, if any evidence was seized and kept as evidence.

Put simply,...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I have 2 misdemeanors that I need to get expunged both took place in Elizabeth City, North Carolina.

Both charges occurred in

City:Elizabeth City, State:NC

I currently live in Las Vegas , Nv

#1 Offense Date: 5/7/11 ( age:19)

Conviction Date:9/29/11- POSSESS SCHEDULE VI (PRINCIPAL) MISD.CLASS 3 MISDEMEANOR SS. Was on probation but Served 10 days in jail... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Aug 6, 2018

Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Can a parent represent a child for ticket if child lives out of state? (Got ticket for expired tag, driving parents car)

Her dad would like to represent her(she is 20, lives in Oregon) because he did not realize that his tag was expired and sent her to run errands for him when she was visiting earlier this year. He wants to represent her 1) because she lives in Oregon and 2) because he feels like it's his fault... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Aug 6, 2018

GREAT QUESTION

Unless dad is a lawyer, no, he can't "represent" his daughter. That's true whether is a serious felony or misdemeanor, just as much as a minor traffic citation.

Probably the best thing to do, given the out-of-state issue, is to hire a local...
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1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for North Carolina on
Q: Can I be charged for warning a coworker not to eat at a fastfood restuarant because someone working there has hiv?

I learned of this person hiv status at a previous job 4 years previous.

Bill Powers
PREMIUM
Bill Powers
answered on Aug 1, 2018

1. You don't get HIV that way; and,

2. Talking about someone with HIV isn't a criminal offense in NC; and,

3. Check out: https://www.avert.org/hiv-transmission-prevention/how-you-get-hiv

No incident of food being contaminated with HIV-infected blood or semen...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I have an OFA for FTA (misdemeanor) from 1998 will statute of limitations apply?

The fta was for possession of up to 1/2 oz and underage possession of alcohol. I was 17, and moved away from the area was only informed of the OFA today.

Bill Powers
PREMIUM
Bill Powers
answered on Jul 30, 2018

GREAT QUESTION

There is an interesting case currently pending in the NC Supreme Court regarding the State obtaining indictments within a certain period of time, even on misdemeanor cases (North Carolina v. Turner)

Normally a Failure to Appear FTA resulting in an Order for Arrest...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Ex bf stole tags will he get arrested driving on no insurance an my tags and his license revoked

The boyfriend who is the father of my child stole my tags and has been driving on them I had to leave because I was afraid of him and I’m not home now he kicked me out of my apt and he’s driving on no insurance license revoked an my tags will he be arrested and sent to jail if pulled over

Bill Powers
PREMIUM
Bill Powers
answered on Jul 29, 2018

Maybe. If the tags have been reported as stolen, that's a possibility; although, depending on the basis of the license suspension, certain DWLR charges may result in an arrest (DWLR Imp Rev) for example.

Here's more info on Driving While License Revoked in North Carolina:...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: What are traffic laws in regards to dropping off passengers on the side of the road on the sidewalk/curb.

I was approached by an officer after letting out passengers on the side of the road when I pulled over. He stated that I could be given a ticket for impeding traffic. Just need some help with how to approach dropping off passengers in the future and what is and isn’t allowed. I live in North... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Jul 29, 2018

GREAT QUESTION

The officer is right. Under the NC Traffic Laws, there is no legal right to stop in the roadway to let off passengers. It is impeding traffic.

As such, the legal (and safe) thing to do is pull into a parking lot or out of the roadway to drop off passengers....
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on
Q: What if the court of appeals reversed the superior courts decision . Whats the next step.
Bill Powers
PREMIUM
Bill Powers
answered on Jul 23, 2018

GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end...
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1 Answer | Asked in Civil Litigation and Criminal Law for North Carolina on
Q: Drug charges were dismissed against my husband but he received an unauthorized substance tax assessment. What is this?
Bill Powers
PREMIUM
Bill Powers
answered on Jul 23, 2018

As odd as it may sound, it's likely a bill from the State (or Feds) for the "tax value" of the drugs.

I'm not defending the law, I'm just explaining it. I've never quite understood how they can tax an illegal substance. I guess the same logic applies to...
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