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Questions Answered by Kristen Dewar
1 Answer | Asked in DUI / DWI for North Carolina on
Q: It's been almost 7 years since I received a DUI what do I have to do to get my license back?
Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

I recommend ordering a copy of your NC driving record, and setting up a consult with an experienced DWI attorney to review the record and see if you've complied with all of the requirements of your DWI conviction. Typically, to get reinstated after a DWI conviction, you must (1) obtain a DWI... Read more »

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What does it mean when a judge terminates my probation,and turns the fees I still owe to a civil judgment

I was convicted in New Hanover county,but live in Wake county,so I reported to probation in wake county.i completed everything in the court’s order except pay the money,so my probation officer violated me and took me back to court today to see if the judge would throw out the fees. He dismissed... Read more »

Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

When a judge enters in money you owe to the court as a civil judgment against you, it basically means that you now owe the state that money. How it is usually paid back is either by you going to the courthouse and paying it directly, or if the state ever owes you money (e.g., a state tax refund, or... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My sister used my license identity in North Carolina and received a traffic tickets without me being aware of it
Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

Contact an experienced traffic attorney in the county where the tickets were issued - they can assist you with the best way to handle a situation of identity theft, which happens with traffic tickets more than you'd think, unfortunately with family members.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I’m 16 and got a speeding ticket July 5 doing 83 in a 55 it was low traffic and cloudy weather

My court date was supposed to be September 4th but got pushed back to November why was it pushed back and will I get my licenses suspended

Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

Since courts in NC have resumed operations in June, most jurisdictions have either postponed traffic court or reduced the number of cases they are hearing per court session, due to the COVID social distancing requirements and the limited space we have in many of our courtrooms around the state. As... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: My ticket is a NOL, I was given a continuance till October, what to do now ? I can’t take a road test due to COVID 19

This is my second court date due to me missing the first one

Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

I suggest requesting another continuance if the DA's Office where you received this ticket will not dismiss this citation. Most DA Offices around the state are aware of the DMV delays/closures due to COVID.

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: I got a speeding ticket In NC January 57/35 it was dismissed with improper equip another one today for 61 in 35 I’m 18

Both happened in stanly county.

Will I get my driver’s license suspended?

What will happen?

Kristen Dewar
Kristen Dewar answered on Aug 28, 2020

First, getting Improper Equipment is a reduction, not a dismissal, so it will be on your driving record. I suggest consulting with an experienced local traffic attorney in the county where you got the ticket to do review your other driving history with you, and advise you accordingly. If this... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Can i get license after I've gotten a dwlr while waiting on hearing
Kristen Dewar
Kristen Dewar answered on Mar 19, 2020

Being able to get your license depends, of course, upon your eligibility for reinstatement with the DMV. Now, if you're waiting on a DMV hearing, that usually means that you have a current set or permanent suspension suspending your privileges, thus you'd need to have the hearing and win... Read more »

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: North Carolina Ticket

I got a ticket in Cabarrus County Nortch Carolina. I am recently moved here for CA. In CA we could take a driving class so ticket wouldn't show on record. Can we do that in North Carolina?

Kristen Dewar
Kristen Dewar answered on Feb 10, 2020

Cabarrus County’s DA’s Office doesn’t accept driving school for reductions or dismissals. The available option in Cabarrus County is a reduction, either to a lesser speed, or to a non-moving violation such as Improper Equipment, all of which depends on your prior driving history. Contact a... Read more »

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... 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... 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... Read more »

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