Traffic and DWI Frequently Asked Questions

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I was charged with DWI. Will I lose my license?
If your blood alcohol was .08 or more, your license may be revoked for 30 days. You may be eligible for a pre trial limited driving privilege after 10 days and reinstated upon payment of the civil revocation fee (CVR fee). If you are later convicted of the DWI, your license will be revoked, usually for 1 year beginning on the date of conviction but you may be eligible for a limited driving privilege.
Will I have to appear in court?
Generally, you will not have to appear in court on every single date.
The officer didn't read me my Miranda rights. Can my charge be dismissed?
It depends. Generally, only incriminating statements you made in response to custodial questioning by the officer can be suppressed if you weren't read your Miranda warnings prior to questioning. But there is no automatic right to have your case dismissed.
The officer was not wearing his hat. Can the charge be dismissed?
No
Can I get a driver's license in another state if my NC license is revoked?
No. Another state will not issue you license until your license/privilege to drive in NC has been reinstated.
How will I know my court dates?
Our office will notify you of your court dates. Court dates are available on the court website.
Will I get a harsher sentence if I plead not guilty?
No. It is unconstitutional for a judge to punish a Defendant more severely simply because he entered a not guilty plea and forced the State to meet their burden of proof at trial.
Will I have to take any alcohol classes?
Possibly. Prior to concluding your case you should get a substance assessment from a licensed facility. If convicted, you will be required to complete the treatment recommendation as stated in the assessment. If you don't complete the treatment program, your license would remain revoked.
A friend of mine told me about this case which as much worse than mine. Can't I be assured that I will get a better result?
No. Each case is different and could have thousands of variations which a friend may not accurately remember or tell you about. I will do everything I can to protect your interests and help you but each case is different.
I forgot to take care of some old traffic tickets. My license is revoked. What do I do?
Depending on the type of charges, I can help you get reinstated. Do not simply have your cases sent up to the courtroom and plead guilty to them. You could cause a further revocation and have to pay court costs and pricey late fees. I can help you with these problems and save you money.
I was just passing through or I moved away from the Fayetteville area. Can you help me without my having to return to court in Fayetteville?
Yes. Most of the time and depending on the type of charge, I can represent you without you having to appear in court here or come to my office.
I was charged by a military policeman on Ft Bragg/Pope. Can you help me?
Yes, I practice regularly in that court and can help you with your case. I may be able to keep you from having to appear. Those cases are handled in the federal magistrate's court located in the U.S. Post Office building on Greene Street.
I already paid off my ticket or pled guilty to an offense but I didn't have a lawyer. My insurance premiums increased or my license got revoked or something bad happened that I wasn't expecting? Can you help me?
Yes. It may be possible to re-open your case and obtain a more favorable disposition. Each case is different.

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