The statute of limitations limits the amount of time from which they can issue a warrant or complaint (charge) in relation to the date of offense. Once they issue the warrant, the warrant could be renewed indefinitely, until you are arrested. Otherwise, everyone would do what you did and just leave...View More
I felt fine that day, suddenly passed out while driving, wrecked, totaled my car. No others involved, caused property damage, insurance handled. Officer arrested me, charged DWI. I was very cooperative, voluntarily took blood test, made them aware of all meds I take and health issues. Hired DWI... View More
Thank you for your question. In this instance, is advisable to visit your doctor, who can write a note indicating the you are physically unable to complete the community service hours. Also, in many jurisdictions/ courthouses, there should be a community labor/ service office where you can ask them...View More
You may qualify for a Public Defender. At your arraignment, the Judge will ask you to fill out an asset declaration, among other paperwork, then decide whether you qualify. But remember that PDs are not able to represent you at the DMV Hearing (let alone request a hearing for you within 10 days of...View More
District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.
The answer depends on several things: the original offense commited, the terms/conditions of your probation, the circumstances surrounding the violation, your criminal history, etc. If an attorney represented you on the underlying offense, I suggest reaching out to that attorney. If not, I would...View More
Question is, my insurance is maxed out, so can they get my only asset which is my home? I have no other assests besides my one car and my house, and very little money in a checking account, currently unemployed as I am full-time caretaker for my elderly father.
We can give general guidance, however, in your situation, you really need to set up an appointment with a bankruptcy attorney and discuss specifically what is and is not protected if you file bankruptcy. Additionally, I would contact your insurance company and the adjuster handling this matter...View More
I was released from the hospital when I regained consciousness with no information from the police. Nobody was hurt, and the only property damage was my car. The last thing I remember before waking up in the hospital was talking to my dad while lying in bed at home.
The short answer is - yes. And in NC it is DWI not DUI. If you suspect you may be charged, you should consult with a local, experienced DWI attorney as soon as you are able. If law enforcement questions and / or charges you before you get a chance to consult with an attorney - you should not say...View More
It depends on several factors such as your prior record, what level DWI you are classified in and and mitigating or aggravating factors. Some first offense, low level DWI's result in no active jail time. If you are charged with DWI, you should consult with an experienced DWI attorney ASAP....View More
DWI cases are complex. There are many reasons you could currently be suspended and without knowing more about your case, it is impossible to say why you are suspended in your particular case. However, if you don't have an attorney, very likely you are currently suspended simply because you...View More
A statute of limitations would not apply to your situation if by statute of limitations you think the state has a limited amount of time to prosecute you. Basically, it is not unusual for DWI cases to take around a year to resolve. Also, if you think you have a right to a speedy trial or a trial...View More
So I was ordered to get the blower, go to alcohol classes, be on unsupervised probation and whatnot in lieu of active time. Then I was arrested anyway, so what I'm asking is could I not have just activated my time for this charge while I was already locked up so I wouldn't have to get out... View More
I was sentenced for a level 5 DUI in Guilford county in 2015 and given unsupervised probation and several hoops to jump through in order to drive again. I was promptly arrested a few months later on unrelated charges and given a lengthy prison bid. The whole time I was going through court I asked... View More
An experienced DWI attorney in the area where the case was heard may be able to go back into your old case and can likely help you avoid some of the 'BS' as you put it but the bottom line is you will have to comply with whatever ultimately gets ordered by the Court or you will have to...View More
My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... View More
In NC it is a DWI, typically speaking it will stay on your record forever. You could look into the possibility of having it expunged but that is of extremely limited value - if it can even be done. Any job more significant than say a dishwashing position, will likely specifically ask if you have...View More
It depends on a lot of factors that can not be easily discussed on a forum like this. So you should consult with a DWI attorney. Some DWI issues are time sensitive so you should do that ASAP. Suffice to say - you should be more concerned about possible jail time than the lost of license.
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...View More
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... View More
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...View More
No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they...View More
In NC it is DWI and the short answer is - yes. It doesn't really much matter what the impairing substance is. If the substance either appreciably impaired your ability to operate a vehicle or vessel or caused you to blow .08 or higher on a breath test after operating a vehicle or vessel, you...View More
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