Q: I received a DWI after an accident in my gated community. The roads in my community are owned by Property Owners.
I am just curious to know if I should have asked more questions at trial. I was convicted of DWI. We dont have police patrolling or even have legal stop signs or posted speed limits. Kids drive golf carts on our road. We are a locked gated community that is owned by the Property owners. Could I appeal if I have grounds from a conviction 8 years ago??
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- North Carolina
- (910) 333-9679
- View Profile
- Answered
A: It sounds very much like you represented yourself, if so that was a big mistake and no matter what you asked, the outcome would likely not have been different. If you live in a gated community, you ought to be able to afford an attorney. So if you didn't hire one - hire one now and if you did hire an attorney - ask them about your next steps and follow their advice. BTW the roads in your gated community are more likely owned by a HOA and not individual property owners and even if so are likely considered PVA's and as such are subject to state law even though not necessarily open to the public. "c. The area is a road used by vehicular traffic within or leading to a gated or non-gated subdivision or community, whether or not the subdivision or community roads have been offered for dedication to the public." Best of luck.
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