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Questions Answered by Kristen Dewar
1 Answer | Asked in Criminal Law for North Carolina on
Q: Can i do a poj in NC for misdemeanor larceny? First time offense.

This will be my first time ever going to court , i am 17 . And i don’t know how to handle the situation. I’m going to the Navy In January i can’t have this on my record .

Kristen Dewar
Kristen Dewar answered on Aug 28, 2018

You need an attorney to represent you in this case. If you cannot afford to hire one, request to see if you qualify for court-appointed counsel. Just asking for a PJC won't help you here, as even if a judge granted you one, a PJC still counts as a criminal conviction.

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

Kristen Dewar
Kristen Dewar answered on Aug 16, 2018

If you successfully complete deferred prosecution, you will receive a dismissal, which then yes, you can expunge under the updated expungement laws as a dismissal. As you may be aware, the updated law for expunging dismissed charges also removed the previous one per lifetime rule that applied, so... Read more »

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I'm currently 22 years old, and I got a level 5 DWI misdemeanor 2 years ago. How soon can I get this expunged?

I got the least amount of punishment possible. I had a level 5 dwi (No aggravators), and it was only a misdemeanor. I got pulled over for speeding, but I did not crash or injure anyone or cause any damage. I was unfortunately under 21 at the time so any alcohol in my system would get me in trouble.... Read more »

Kristen Dewar
Kristen Dewar answered on May 24, 2018

As of July 2015, unfortunately DWI convictions can no longer be expunged.

4 Answers | Asked in Traffic Tickets for North Carolina on
Q: I got a ticket for going 85 mph in a 65 mph zone in Gaston county NC and was wondering if i could use a PJC

I have only 1 other ticket which was in York County SC for running a stop sign. I need my car for work and cant afford to lose my license. If i am able to use a PJC how would I use it?

Kristen Dewar
Kristen Dewar answered on May 22, 2018

I agree with the two other posters - a PJC is (1) not something you just "have" to use, like a get out of jail free card, and (2), it's not even likely the best option for resolving that ticket in Gaston County. A PJC is a judicial remedy - meaning it's in the judge's discretion as to whether to... Read more »

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3 Answers | Asked in Traffic Tickets for North Carolina on
Q: Should i hire a traffic attorney?

I was pulled over for not having my turn signal on. Cop was following too close was honking at me and finally stops. He pulls me over doesn’t tell me who he was except that he’s an investigator since he was in an undercover car. He ask for my information i didn’t have my

License on... Read more »

Kristen Dewar
Kristen Dewar answered on May 22, 2018

Hire an experienced traffic attorney who regularly practices in the county where you received those tickets. Don't try to work it out yourself.

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: 16 yr grandson speeding 86 in 45 Plus racing other car. Can speed be reduced? What should we expect?
Kristen Dewar
Kristen Dewar answered on Apr 9, 2018

You should advise your grandson to hire an experienced traffic attorney in the county where he was charged. Your grandson's prior driving record and the District Attorney's office policies will determine whether a reduction is possible. This is 41 over the speed limit, so your grandson is looking a... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Is a seatbelt ticket considered a moving violation in North Carolina?
Kristen Dewar
Kristen Dewar answered on Apr 9, 2018

An adult seatbelt ticket is a non-moving violation in NC, but a child seatbelt ticket IS a moving violation.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I had a DWI in 2001 and have not taken the ADSAP CLASSES . Do I still have to take the classes.

I take a marcotic pain med ,will they let me graduate the class.It is prescribed by a Dr.

Kristen Dewar
Kristen Dewar answered on Apr 6, 2018

If you want your NC driving privileges reinstated, you will need to obtain a substance abuse assessment from an authorized provider and you will need to complete all recommended treatment (AKA the classes). The passage of 17 years has not changed that.

1 Answer | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: If two people have a restraining order against eachother and they then meet up with eachother/see eachother...

If both have a restraining order and they both saw eachother and then proceeded to make claims against eachother, what would happen?

Kristen Dewar
Kristen Dewar answered on Apr 6, 2018

They both can be charged with violating the order. Remember, the plaintiff cannot give the defendant permission to violate the order.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What is the time frame for Habitual DWI? ie. Is it 3 DWI's in 7 years or 10 years?
Kristen Dewar
Kristen Dewar answered on Feb 28, 2018

As per N.C. General Statutes §20-138.5, the time frame is 3 or more prior DWIs within 10 years of the date of a new DWI charge.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a parking ticket in a no parking anytime zone where there are two signs contradicting each other. Can I fight it?

First of all, there is a no parking one way sign pointing to the right and I parked on the left of the sign. On the other side, the left side, there is a no parking anytime sign about a car length an a half away from the first sign. Can I fight the ticket for that? A couple other points to go along... Read more »

Kristen Dewar
Kristen Dewar answered on Feb 28, 2018

A parking ticket? Those usually have the ways to appeal them written on the back of the ticket, or online on the company's/city's website. You may be able to appeal it based upon the conflicting signs.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: What happens if you get a speeding ticket for doing 80 in a 60 and have a permit and it’s the first time
Kristen Dewar
Kristen Dewar answered on Feb 28, 2018

If you received this ticket in NC, what will happen depends upon your driving record, and the policies of the District Attorney's Office in the county where you received the ticket. Best advice is to contact an experienced traffic attorney in the county where you've been charged who can let you... Read more »

2 Answers | Asked in Traffic Tickets for North Carolina on
Q: I have 2 speeding tickets, from 2 different officers, going nomore than 15mph over for both. Best way to beat them?

best way to beat the tickets without points on my license or insurance.. also, my court dates for both tickets are on the same day, could I reschedule the court date so that my chance of the officers not showing will increase? Hellpppp!

Kristen Dewar
Kristen Dewar answered on Feb 20, 2018

The best way is to hire an experienced traffic attorney to handle these tickets for you. And the "officer not coming to court" is not really a reliable way to get a dismissal on a traffic ticket in NC. Depending on the county, the officer isn't even required to be present at your court date unless... Read more »

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2 Answers | Asked in Criminal Law, Traffic Tickets and Federal Crimes for North Carolina on
Q: Hi I am a British citizen serving in the Royal Marines commandos

In October I was caught speeding on route to Charlotte NC. I was charged with 2 offences ( speeding and speeding which could endanger persons/property)

My court date was in January however as I am in the UK and away on deployment I did not attend. I also didn't have a lawyer to represent me... Read more »

Kristen Dewar
Kristen Dewar answered on Feb 14, 2018

If you received that ticket in Charlotte, from the sounds of it, it is more likely that a Failure to Appear has been issued. Mecklenburg County doesn't typically issue Orders for Arrest for tickets like yours. Basically, your driving privileges in NC are indefinitely suspended.

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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Trying to pay old fines, I was told I would have to come and appear infront of the DA mecklenburg county whats that mean

My licenses is currently revoked because of fines in another state which I am currently paying off as well if I i can remember correctly I have missed a court date in Mecklenburg county for a speeding ticket however past fines I have been able to pay off the fact that when I called to inquire about... Read more »

Kristen Dewar
Kristen Dewar answered on Feb 6, 2018

If you missed a court date in Mecklenburg County for a speeding ticket, you likely have a Failure to Appear, which is not like an Order for Arrest. I would advise you to contact an experienced traffic attorney in Meck who can add that ticket back on the docket for you, and handle the Failure to... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a speeding ticket today for going 24 over in a 55,I think I have 3 pts on my DL, will my DL be suspended? lawyer?

I’m not sure about having 3 points on my DL already so don’t quote me, would it be worth hiring a lawyer?

Kristen Dewar
Kristen Dewar answered on Feb 1, 2018

You definitely need to contact an experienced traffic attorney in the county where you received that ticket. Don't handle it yourself.

1 Answer | Asked in Criminal Law for North Carolina on
Q: In NC can a 15 yr old female be arrested, charged for assault and battery with property damage? How can we protect him?

My nephew is 17 his ex girlfriend is 15 so far she has assaulted him at school ( slapped him 18 times and spit in his face) she was suspended from school, a few weeks ago. Just today she assaulted him in a mall parking lot, punching him, pulling him out of his vehicle, slapping and punching him... Read more »

Kristen Dewar
Kristen Dewar answered on Feb 1, 2018

Yes she can be charged, but since she is under 16, she will be tried as a juvenile. You should be able to go through the usual channels in order to press charges.

1 Answer | Asked in Criminal Law for North Carolina on
Q: How can I find out what is going on in a nc criminal case if I have my court case number? (Accurate free information)

I did a search and found this (Court Disposition, Dismissal With Leave). What exactly does that mean? Please help me! Thanks in advance.

Kristen Dewar
Kristen Dewar answered on Feb 1, 2018

Dismissed with Leave usually means that you failed to appear in court, and enough time passed that in order to move the case off the active court docket, the case was marked as Dismissed with Leave. The "with leave" part means that the District Attorney's Office has the ability to bring the charges... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I was changed with expired tags and no insurance 2 yrs ago and now I have a no license ticket, how do i handle this

I've missed my court date too.

Kristen Dewar
Kristen Dewar answered on Jan 31, 2018

Hire an experienced traffic attorney to handle this for you. Sounds like you have a Failure to Appear on that old ticket that's likely suspending your driving privileges. They will put together a plan, and will help get that old ticket back on the docket, and handle the new no license charge.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I received a citation for speeding 52 in a 35. My court date was set for December 14, 2017. I did not go to court on

that day because my daughter had my first grandchild, I filed a motion and it was allowed. Now my new court date is coming up. I want to have my speed reduced or dismissed. The ticket stated I had a CDL A license. When a Officer in NC signs a citation what is his signature meaning?

Kristen Dewar
Kristen Dewar answered on Jan 31, 2018

It is rare that a speeding ticket is dismissed, but reductions are usually done, but that depends on the rate of speed and the policies of the county's District Attorney's Office. If you have a CDL, that will limit the types of resolutions possible. Not sure what you mean by the signature question.... Read more »

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