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VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More 
answered on Jun 7, 2024
If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More
Also is it safe to apply for his citizenship as its due.
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answered on Dec 14, 2023
A DUI conviction can have implications for a green card holder's ability to travel and apply for citizenship. It's important to consider the specific details of the DUI offense, as some convictions, particularly those involving serious harm or repeated offenses, may have more significant... View More
I left over 10 years ago an not drank since but family emergency has me going back can the arrest me an lock me in prison for leaveing or is there a statue of limitations
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answered on Nov 16, 2023
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
answered on Apr 19, 2023
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
I work full time but with bills I cannot pay outright for representation, can I qualify for legal aid or help?
answered on Feb 9, 2023
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
I've seen lots of videos and articles on what to say/do or not say/do during traffic stops. But what I'm wondering is, does anyone have a concise sheet / summary of these basic instructions that could be kept in the vehicle so that I could actually... remember some of this advice?... View More
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answered on Oct 21, 2024
When you’re pulled over, stay calm and pull over safely to the side of the road. Keep your hands visible, preferably on the steering wheel, and wait for the officer to approach. Avoid making sudden movements and follow the officer’s instructions carefully.
Provide your driver’s... View More
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answered on Sep 1, 2024
To help an incarcerated loved one with court-ordered rehabilitation, you’ll need to establish Power of Attorney (POA) to manage their legal, financial, or medical matters. Start by discussing with your loved one the specific powers they want to grant. This can be for general matters or specific... 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.
answered on Jun 30, 2022
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.
answered on Apr 19, 2021
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
They were on electronic monitoring when they left state and cut it off, there was no injury to property or person with the DUI but it was their 2nd offense.
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answered on Feb 5, 2021
Yes... Extradition for a Misdemeanor is lawful, but alot of States do not pursue them as a matter of policy. About the only defense in NC is identity.
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.
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answered on Jan 26, 2021
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
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answered on Jan 22, 2021
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
Will i be suspended again for another year till 2022 the dmv says it's already suspended now before ive been convicted so that's almost two years suspended already
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answered on Dec 30, 2020
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
How does the statute of limitations work if I haven't been to court
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answered on Dec 9, 2020
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
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answered on Nov 30, 2020
It could have if you would have hired an attorney to handle it for you at the time. If you didn't - likely not, you'd likely just have x,y and z waiting for you when you got out of jail.
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
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answered on Nov 30, 2020
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
answered on Nov 29, 2020
More information is needed. Who took the car? Where?
The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.
If there were drugs found in the car, it can be forfeited. Find out whether it was... View More
If I received a dui in NC can I get it deleted from my records. Some jobs I apply for see that and am not offered a job. I believe it’s been 5 years ago
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answered on Oct 20, 2020
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
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answered on Sep 6, 2020
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.
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