Monroe, NC asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for North Carolina

Q: violated dui probation with another dui

(Gastonia, NC)i received a dui while i was on probation for a previous dui, i was violated and in court the judge revoked my probation and sentenced me to the 12 month that was deferred, my lawyer appealed the verdict and is sending it to superior court, waiting on a court date...what can I expect?? and what can I do to help my situation??

I feel like I was not represented fully and correctly while in front of judge; is there anyway that I could ask for a mistrial and present my case again in district court?

2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: First, lets get terminology straight. In North Carolina it is Driving While Impaired or DWI not DUI. If you got 12 months of active time on the first DWI that you were on probation for then it is very likely that DWI was not your first and / or was a higher sentencing level than your average first offense DWI. You then got another DWI while on probation and seem to think this is no big deal and / or all someone else's fault. You don't really question the charges themselves but rather the quality of your representation and the actual court process. So basically, if you actually did what you are charged with and you get convicted of it, you can expect to do some active time for it. As to what you can do to help your situation, that's very simple - make better choices and stop drinking and driving.

Paul Stanko
Paul Stanko
PREMIUM
Answered
  • Criminal Law Lawyer
  • South Bend, IN

A: Your situation was dire from the outset. The absolute WORST way to violate probation is to be charged with a similar crime. If you have concerns about your attorney's representation, you can always consult with another attorney, but I can tell you as a retired judge that having a suspended sentence executed after a probation violation, where the violation is committing the same kind of crime, is not at all unusual.

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