2nd dwi in raleigh north carolina


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While most drunk driving offenses are treated as misdemeanors, there are two key exceptions where felony charges apply:. Misdemeanor DWI charges are quite serious under North Carolina law, but even more severe if you are facing felony charges. Considering the harsh penalties, you need an experienced drunk driving attorney to represent your interests. Please contact the Raleigh, NC law firm of Tarlton Polk right away to schedule a consultation regarding your case.

We can work with you to develop a defense strategy that ensures the best possible outcome under the law. The following list are examples of misdemeanor charges that if you are convicted, will NOT be eligible for an expungement from your record:. The following list are examples of felony charges that if you are convicted, will NOT be eligible for an expungement from your record:.

North Carolina DWI Laws & Penalties

Each case is different and there are different rules if you received a conviction as a minor or under the age of Our North Carolina Expungement Lawyers will answer your questions and let you know if we can expunge your criminal record for you. Our review team either approved or updated your business listing using our rigorous Point Inspection which includes everything from checking reputation, history, complaints, ratings, satisfaction, nearness, trust, cost and general excellence. The consequences for a Class 1 Misdemeanor depend on your record level.

What is the penalty for a Class 3 Misdemeanor NC? Class 3 misdemeanors include simple possession of marijuana , concealing goods in a store, DWLR not impaired driving related and 2nd degree trespassing. If you have less than four prior convictions on your record you can only be charged with a fine for a class 3 misdemeanor — so jail time is very unlikely for first offenders in North Carolina.

We handle Wake County criminal cases and can be reached at by phone or text for a free consultation. Generally the goal for class 3 misdemeanors is a dismissal and then an expungement.

Second Offense DWI in North Carolina | Raleigh DWI Attorney

There are also first offender options available for many charged with a class 3 misdemeanor in Wake County, NC. When facing DUI charges, your long-term future is at stake. You need an attorney who will give your case the full attention and focus it needs to avoid a conviction. They are accessible and active for their clients throughout the entire DUI process. Getting arrested for a DUI can be a frightening situation, especially when you face the possibility of license suspension and jail time.

A conviction can lead to serious consequences that can follow you for years to come. It is always best to retain the services of a Raleigh DUI attorney with extensive experience in order to ensure you have increased the possibility of getting a favorable outcome. With fines, possible jail time, license suspension, you need to move fast and retain a trusted Raleigh DWI attorney with a proven record in Wake County. The firm offers reasonable rates and payment plans, and a DUI lawyer who will listen to your needs. Our Team can help you determine whether you should go to trial or simply work out a plea deal.

Contact us at for a free consultation today. You can call the number or send us a text message to get an immediate response. The Law Offices of Wiley Nickel provides top-notch legal representation throughout Wake County in the areas of criminal defense, DWI , expungements, and traffic citations. We will explain your rights and review your options. Our North Carolina criminal defense attorneys help to get felony and misdemeanor charges reduced or dismissed. In criminal investigations, time is of the essence.

The earlier the Law Offices of Wiley Nickel can preserve the evidence and interview any witnesses, the better for you as it lessens the chances of important information being forgotten, lost, or destroyed. Unfortunately, the criminal justice system does not always live up to its ideal of justice for all.

Scharff Law Firm: Trusted Raleigh DWI Attorneys

The police and prosecutors have important roles and responsibilities in the criminal justice system, however they can still fall short, make mistakes, or get swayed by false assumptions -- the consequences of which can be enormous for a defendant in a criminal case. The Law Offices of Wiley Nickel cares about its clients and works hard to achieve a successful outcome.

If you need legal help in any of these areas, please contact The Law Offices of Wiley Nickel for a free consultation. You can reach us at Our office is centrally located in Cary, North Carolina. About one in seven drivers in North Carolina currently has a license suspended for not appearing in court or paying court fines and fees according to a report by Duke University law professor Brandon Garrett and post-doctoral fellow William Crozier. Of those, , are for failure to appear in court, , for failure to comply with orders to pay traffic costs, fines, and fees, and , for both.

First Offense:

These suspensions are disproportionately imposed on minority residents. Still more severe consequences, DWLR charges, also disproportionately fall on minority residents. Overall, population accounts for most of the variation in suspensions: the more people in the county, the more people have suspended licenses.

Obtaining Limited DWI Driving Privileges

When we control for population, we see little evidence that traffic stops or traffic cases are driving suspensions. We find that the relationship between the number of people in poverty and the number of suspensions in a county is dependent on race. However, increasing the population by one black individual below poverty increases the number of suspensions by less than increasing the county population by one black individual above poverty. This suggests that poverty functions differently for whites than it does for blacks. If the court notifies the DMV office stating that you have failed to appear in court, or to pay your ticket, you may lose your driving privileges.

They will remain revoked until the DMV is notified that you have taken action regarding your ticket. Paying the ticket or appearing in court are not guarantees to walk away without penalty either. If your license has been suspended or revoked, you should contact a local attorney to review your case. Often there are ways to avoid a suspension but an experience FTA lawyer can advise you about your options. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.


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A speeding ticket is often looked at as a minor offense, but it can have very serious repercussions on one's driving record. An individual's driving privilege can be revoked for at least 30 days if convicted of:.

A license can be revoked for 60 days if convicted of the following:. What is the Difference Between a License Suspension vs. A license suspension is only for a temporary amount of time, your license will still be in effect. Where as a license revocation is more serious and means your driving privileges have been terminated. If the offender meets the eligibility requirements generally set by a revocation hearing they can reapply for a license at the NCDMV office.

What is an Expungement in North Carolina? Expungement is the process in which a person convicted of a crime is eligible to have that charge removed from their record. Even after a case is dismissed, the charge will remain visible to future employers, customers, landlords, universities, and insurance agents. If not properly handled, this can have serious negative implications on your future. It is strongly advised you speak with an experienced attorney to manage your case. We will work tirelessly to make sure we defend your rights, and that you walk away with a clean record.

Expungements vary from case to case, but you may be eligible for any of the following:. Step 1 : Determining Eligibility - Varies case to case, we will determine eligibility based off your court records. Step 2 : Filing the Petition - Once determined eligible, we will file a petition for expungement in the clerk's office in the county where you were charged.

They will conduct a search on your criminal history in NC and attach any additional records. After reviewing the petition for prior expungements, the AOC attaches its findings and sends it back to the clerk's office in the county where the crime took place. This process is quite lengthy and can take multiple months. If there is any question about the subjects eligibility, or an objection from the District Attorney, then a formal hearing might be required. That final hearing will either grant or deny expungement. Step 5 : Removal of Expunged Records - The clerk of court is statutorily required to send notice of expunction to all relevant agencies that have information about your case.

If you have been charged with a crime in the state of North Carolina, whether it be a misdemeanor or felony, you should be in contact with an experienced Criminal Defense Attorney as soon as possible. Comfort with your criminal defense lawyer is key. We will take the time to explain your options and make sure you understand the process. We care about our clients and are always available to talk about issues involving your case. When you are stopped the officer is going to start by asking the obvious questions as to whether or not you've been drinking and then the officer will proceed into asking you to perform some field sobriety tests.

It is not required by law that you submit to the field sobriety tests, you have every right to kindly refuse to submit to them. You are however, required by North Carolina's implied consent law to submit to a chemical test. If you refuse to submit to a chemical test the arresting officer must inform you of the penalties for a test refusal and then ask you a second time if you will submit to a chemical test. Basically the implied consent law says that if you are stopped on suspicion of driving under the influence you shall submit to a chemical test to check for alcohol, drugs or intoxicants in your body.

If you have been arrested on a DWI charge in North Carolina it is very important that speak with an experienced North Carolina DWI lawyer as soon as possible regarding your case and what your options are. A first offense conviction carries the following fines and penalties:. The length of the jail sentence term beyond the minimum will be at the court's discretion. At the court's discretion they may order you to just serve jail time versus paying any fine amounts.

Even if the court orders you to serve jail time in lieu of any fines, you will still have to pay any court costs. If you get an assessment done right away you can get a provisional license 10 days after your arrest for a first offense. A second offense conviction carries the following fines and penalties:. If the second offense occurred within 3-years of a previous offense the jail sentence can be up to 1-year.

The length of the jail sentence term beyond the minimum will be at the court's discretion based upon the circumstances surrounding your case and all previous convictions. The installation and monthly service costs of the device will be at your expense.

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