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3 Roads to DWI
What does it mean to “drive while impaired” in North Carolina? In Wake, Durham and Franklin Counties, many people know the legal limit of alcohol when driving is a 0.08. However, there are other ways that you can be found guilty of Driving While Impaired in North Carolina. In fact, if the State is able […]
May 2, 2018 Posted in Criminal Defense, DUI/DWI Comments Off on 3 Roads to DWI
When Permanent isn’t Permanent: Restoring Driving Privileges after Permanent Revocations
The North Carolina Department of Motor Vehicles can revoke driving privileges, or a person’s license, “permanently.” A permanent revocation occurs when an individual is convicted of three or more DWI’s, three or more convictions for moving violations during a period of revocation, or three or more convictions for driving on a suspended or revoked license. […]
April 16, 2018 Posted in Criminal Defense, Traffic Violations Comments Off on When Permanent isn’t Permanent: Restoring Driving Privileges after Permanent Revocations
DMV Hearings – Now They Cost More Than Time
In North Carolina, a citizen’s privilege to drive can be revoked in many ways that require a restoration hearing in front of a DMV hearing officer before the citizen can have their privilege restored. For example, if someone refuses to submit to a chemical test (breath, blood or urine) during a DWI investigation in Wake […]
April 3, 2018 Posted in Criminal Defense, Traffic Violations Comments Off on DMV Hearings – Now They Cost More Than Time
Restoration of Gun Rights for Convicted Felons
In North Carolina, if you are a convicted felon, you cannot possess a firearm. To possess a firearm as a convicted felon is a felony offense in itself (NCGS 14-415.1). In 2010, the North Carolina General Assembly enacted legislation to create a process through which certain convicted felons could petition the courts to reinstate their […]
March 6, 2018 Posted in Criminal Defense, Felony Comments Off on Restoration of Gun Rights for Convicted Felons
Driving While Impaired, Even When You’re Not.
Many times clients ask us, “How can I be arrested for DWI? I wasn’t even drunk!” What they’re referring to is the fact that they felt perfectly fine while they were driving. They had no doubt in their mind that they were safely within the legal limit and yet they were still charged with Driving […]
March 1, 2018 Posted in Criminal Defense, DUI/DWI Comments Off on Driving While Impaired, Even When You’re Not.
What is an Expunction?
Many people have questions about what it means to get an expunction. Will it erase my charge completely? Will it take my mug shot offline? Will a background check still show that I was charged with this? The reality is that an expunction may be a wonderful tool to help clear up your background, but […]
February 9, 2018 Posted in Criminal Defense, Expunctions Comments Off on What is an Expunction?
Sex Offender Registration Across State Lines
Under NCGS 14-208.7, any person who has a reportable conviction is required to register as a sex offender with the sheriff of the county where the person resides. If a person moves to North Carolina from another state they must register within three business days of arriving. The statute puts the emphasis on the reportable […]
January 11, 2018 Posted in Sexual Offense Comments Off on Sex Offender Registration Across State Lines
Santa is Coming Down the Chimney… Is that a felony?
The stockings are hung, the tree is lit and many are finishing their lists for Santa. Mere days from now, some will put out cookies and milk, and likely a note the jolly ole elf. Most will then jump into bed and patiently wait for the sound of sleigh bells to signal the arrival of […]
December 22, 2017 Posted in Felony Comments Off on Santa is Coming Down the Chimney… Is that a felony?
When Red Hands Fade: The Doctrine of Recent Possession
The State does not have to catch you red handed to be able to find you guilty of the crime of larceny or the crime of breaking and entering. Rather, the Doctrine of Recent Possession allows the State to create an inference of your guilt based solely on your possession of stolen goods in a […]
November 1, 2017 Posted in Evidence Comments Off on When Red Hands Fade: The Doctrine of Recent Possession
Are you Eligible for an Expunction? And another? And another?
As of December 1, 2020, the expunction laws of North Carolina are expanding. Under the new expunction guidelines, you may be eligible for expunction relief for which you may not have been previously eligible. You may have the opportunity to expunge more charges than you were previously able to, or you may be able to […]
August 29, 2017 Posted in Expunctions Comments Off on Are you Eligible for an Expunction? And another? And another?
