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... View More 
I had multiple DWI infractions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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!
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2018
The short answer is yes.
It was in North Carolina I think it was in wanchese how I live in Delaware not sure how to proceed any advice ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Can this help my case any if I did not refuse the signature?
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.... View More
Would the judge just give me time served since it's been 3 yrs
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
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
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2018
Yes.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
answered on Dec 8, 2017
People on unsupervised probation are not usually subjected to drug tests, but it can happen.
answered on Dec 5, 2017
Yup, if the State can prove that the allergy medication impaired your faculties while you were operating a motor vehicle, you can be charged with DWI. DWI is not just for alcohol.
answered on Dec 5, 2017
Yes. It's covered under N.C. General Statutes Chapter 18B; it also can be covered under your city/town ordinances.
Flipped my paperwork around so come to find out dmv has me for 2 failure to appear with alcohol classes but " no dwi" convection but yet the court says I need classes.I'm clueless on what to do. Its been over 10 years and no more convections of any kind. Dmv says I gotta go by what... View More
answered on Dec 5, 2017
Sounds like you need to contact a DMV-approved provider and get two new DWI assessments, and follow through on recommended treatment. If you had 2 DWIs, you'll need to complete 2 assessments but you can complete 1 set of classes (2 birds, 1 stone). After you get the classes done, they'll... View More
I have had a throat injury and surgeries that prevent me from doing the blow and hum necessary to activate the interlock--I can do the breath sample but can not hum--does the state have to provide me with an alternate method--does the state have to deactivate the hum feature--I was declared... View More
answered on Dec 5, 2017
Are you sure your license isn't currently suspended? The DMV usually suspends for failure to comply with court-ordered fines, or for failure to be reinstated from your DWI conviction (which would include the county you were convicted in confirming to DMV that you had paid all ordered fines).
How do i go about having a dui charge from 2008 removed from record, background check? And also a charge that Im not sure if its on my record or not, but child neglect/abuse that i was never convicted of through court, but had to sign a paper for department of social services when me and my child... View More
answered on Dec 5, 2017
You cannot expunge a DWI conviction from your NC criminal record. You used to be able to, but the expungement law was changed as of December 1, 2015. Hopefully, the legislature will revisit the law and revise it one day.
I have not been in anymore trouble since this
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
