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North Carolina DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for North Carolina on
Q: Company car was seized for DUI how can he get it back
Bill Powers
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Bill Powers
answered on Feb 25, 2018

There is a way for certain “innocent” owners to petition the Court for return of the vehicle. We often times see an attorney for the Lienholder come into court in Charlotte, with supporting documentation, and get the car or whatever released.

BUT if the inquiry involves the PERSON...
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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I have not had a license since 2010. Who would I contact to find the steps to take to get my license reinstated

I had multiple DWI infractions

Amanda Bowden Johnson
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answered on Feb 20, 2018

DWI's are not infractions. Get enough of them or under certain circumstances and they can be felonies. Your best bet is to consult with a local traffic attorney who can review your prior record and provide you with your options for getting reinstated. Best of luck!

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I'm involved in DUI, wrecked and flipped my car, I was the only one who crashed. While waiting for help a deputy pulled;

Me out of my car without my permission and lead me towards the road, the ambulance showed up and I was getting rushed to hospital. My nose broke, difficulty breathing and my chest and head was hurting, I needed medical treatment and the state trooper pulled over the ambulance for me to give... View More

Amanda Bowden Johnson
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answered on Feb 12, 2018

The short answer is yes.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was issued a DUI back in th early to mid 90's I never went to court got a failure to appear I would like to clear

It was in North Carolina I think it was in wanchese how I live in Delaware not sure how to proceed any advice ?

Amanda Bowden Johnson
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answered on Jan 26, 2018

In NC it is DWI. In addition to the FTA there is also likely an out standing order for arrest. Your best bet is to find out what county you received the charge in and contact a local DWI attorney. Best of luck.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was walking and had my keys hooked on my purse. I was interrogated and tested for dwi on heresay. Is this legal?

On Sunday, I walked into a North Carolina police station to pick up my husband who was pulled over for no insurance but ended up receiving a DWI (breath test = .09) because they smelled liquor during the stop. Of course, I went to rescue him at the police department. My car was parked and I... View More

Amanda Bowden Johnson
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answered on Jan 25, 2018

Was it legal? Yes, cops can ask you questions anytime whether they were tipped off or not. You however, do not have to answer them and you and your husband definitely should not have answered any questions. As to hearsay - what your husband did in talking to the officers at all let alone telling... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I was given a chemical analysis to determine alcohol or substance but they failed to get my signature, no refusal to it.

Can this help my case any if I did not refuse the signature?

Bill Powers
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Bill Powers
answered on Jan 22, 2018

Interesting question, which, if I understand it, is: Are you required to sign the 20-16.2 rights form?

The answer is: Not necessarily.

The legal issue(s) probably would boil down to whether the rights were actually read and whether a copy of the same provided to the accused....
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1 Answer | Asked in Criminal Law and DUI / DWI for North Carolina on
Q: My DWI was dismissed and I want to get my arrest expunged. I don't know which form to use. All seem to be for conviction

My DWI was dismissed late last year. I was told I could get my arrest expunged and removed from my record. The Clerk of Court was not allowed to give me legal advice, but they gave me a list of forms for expunction. I cannot seem to find the right form to use. I thought it would be PETITION AND... View More

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

Wow, it's rare that a DWI is dismissed. I hope you bought a Powerball ticket. You are looking for Petition and Order of Expunction Under G.S. 15A-146.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: It's been 3 yrs since I received my first DUI. I haven't been charged in court yet. Loosing my license for a year,

Would the judge just give me time served since it's been 3 yrs

Kristen Dewar
Kristen Dewar
answered on Jan 17, 2018

You've had a pending DWI for 3 years? Sounds like you should be speaking with an attorney regarding your case - you have what we call a Turner issue. There is some current litigation concerning the statute of limitations that the State has to prosecute people charged with misdemeanors, like... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Gas station clerk told a cop inside eating that she thought she smelled alcohol on my breath.

The cop then waited till after I got in my car and then waited till I put my key in the ignition to come out to my car. He then told me to exit the vehicle and provide roadsides without any further questioning. Did he even have legal probable cause to approach me. If so on what grounds

Amanda Bowden Johnson
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answered on Jan 8, 2018

Yes.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Moving out of state before dui court can a lawyer appear on my behalf
Amanda Bowden Johnson
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answered on Jan 6, 2018

Depends on the Judge and local policy. DWI is technically an offense where your appearance is mandatory but some Districts and Judges will allow your attorney to appear for you. If you all ready have an attorney ask them.

1 Answer | Asked in DUI / DWI and Traffic Tickets for North Carolina on
Q: Had a ticket10 years ago got sick never renewed them is that ticket still on my record if I'm in a different state
Kristen Dewar
Kristen Dewar
answered on Jan 4, 2018

This question is a bit confusing, would definitely need more information or for the question to be clarified to give you a real answer. And if the ticket is from a different state, you should probably forward this question to the Justia board for that state.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: What happens to a person who gets a dui but they're here on a student visa?
Amanda Bowden Johnson
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answered on Dec 29, 2017

In NC it is a DWI and what will likely happen are the same things that could happen to anyone charged with DWI. The only additional effect being on a student visa would have is possible revocation of the visa and / or deportation.. This person needs an attorney ASAP.

1 Answer | Asked in DUI / DWI and Immigration Law for North Carolina on
Q: my boyfriend in ice hold will he still be able to post bail ? Im a U.S. citizen what if we get married

We have kids together could that stop the deportation

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

Getting married will not stop the ICE hold and deportation proceedings.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I WAS PULLED OVER FOR A DUI, GOT A LAWYER TO GET IT DROPPED DOWN TO IMPROPER EQUIP DOES IT STILL SHOW UP AS A DUI
Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

You got your DWI dropped down to Improper Equipment?!

If this is indeed the case, this is a new one...as a general rule, reductions are what show up on your driving record and public/criminal record.

I would also suggest going to buy a Powerball ticket, because if you really did...
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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I WAS PULLED OVER FOR A DUI, GOT A LAWYER TO GET IT DROPPED DOWN TO IMPROPER EQUIP DOES IT STILL SHOW UP AS A DUI

I AM TRYING TO GET MY LICENSE BACK AND THEY ARE TELLING ME I HAVE TO PUT A MACHINE ON MY CAR I DONT UNDERSTAND WHY

Amanda Bowden Johnson
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answered on Nov 29, 2017

In NC it is DWI. DWI's do not normally get "dropped down to Improper Equipment". If you are being told you need a machine on your car it is likely because you have been convicted of DWI and need to be in compliance with the Courts order. You should consider contacting your... View More

2 Answers | Asked in DUI / DWI for North Carolina on
Q: 20yearold DWI, .08, never pled guilty. never been in trouble with the law. whats the first step? I need my license
Amanda Bowden Johnson
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answered on Nov 15, 2017

Basically you should not have even been drinking. You need an experienced DWI attorney - there's really no way around it. Best of luck.

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I got a DWI in January 2010 in NC, does the BAC limit go back up to .08 or will it always be .04 for me?
Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

Do you have more than one prior DWI?

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Had 2 dui's in 2007 and 2006. I did everything I needed to do and no charges since. I have not had a licence since.

What do i have to do at this point to get my licence back. I living in nc.

Kristen Dewar
Kristen Dewar
answered on Nov 22, 2017

If you've completed ALL of the obligations you were sentenced to in both 2006 and 2007 (meaning: you obtained a DWI assessment for BOTH cases, completed ALL recommended treatment, completed all ordered community service, paid ALL ordered fines and court costs), you will have to pay NC DMV a... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I got a dui in 2012 and I am still having a hard time finding a job in my field.Any options other than wait 10 years?

I have not been in anymore trouble since this

Kristen Dewar
Kristen Dewar
answered on Dec 5, 2017

As of December 1, 2015, DWI convictions are no longer able to be expunged under NC law. Hopefully the legislature revisits this, and revises the law, but until that day, you will not be able to expunge your DWI at all.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Can you get a dui if you were not caught red handed driving the vehicle
Amanda Bowden Johnson
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answered on Nov 5, 2017

In NC it is DWI and yes, you can be charged with DWI without being caught behind the wheel. The classic scenario is a wreck where the driver has left the scene..

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