Speeding Tickets in a School Zone

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Speed limits around school zones have traditionally been lowered to protect children and pedestrians in the area during school hours. Drivers approaching the zone should receive ample notice from signs in the area, designating both the speed and the times during which that speed is enforced.

Normal speeding charges in Wake County are generally easily reducible with the help of an experience traffic attorney. A speeding ticket in a school zone can be much more difficult to reduce and carry significant consequences, such as points on your license and increased insurance rates. An experienced attorney will be able to assist you in getting the best possible outcome.

At the judge’s discretion, you may be able to get a prayer for judgement continued. In order to get a PJC most judges will also require community service. The benefit of a PJC, as a result of successfully completing community service, is that your insurance rates will not increase as a result of your ticket.

Our experienced traffic attorneys can help determine if you are eligible for a PJC and work on getting you the best possible outcome for your situation. If you have received a traffic citation or charge, and have questions about a Prayer for Judgment Continued, call the Law Offices of Wiley Nickel at 1-(919)585-1486 for a free consultation. You can also email attorney Kristi Haddock or Wiley Nickel directly at kristi@wileynickel.com or wiley@wileynickel.com, respectively.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Paying Court Costs and Traffic Tickets Online

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Most traffic and criminal matters may be paid online after the case is resolved at this link: https://www3.nccourts.org/onlinepayments/menu.sp

Once on the site you will be prompted to enter your case number and county name. You can find all of this information on your cost sheet, which you received in court.

Once your case is resolved you have only 40 days to pay your court costs before the DMV is notified of your failure to pay which will result in the suspension of your license and an additional $50 late fee.

If you have not yet been to court, we do NOT recommend using this tool. Paying traffic tickets online is an admission of guilt. With some traffic offenses admitting guilt, prior to getting them reduced in court, will result in an automatic suspension of your license. An experienced attorney will be able to help you receive the best possible outcome for your traffic offense.

If you have received a citation or have court costs that you are interested in paying online, you can call the Law Offices of Wiley Nickel, PLLC. at 919-585-1486. The Offices are located in Cary, NC. You can also email the attorneys at the Law Offices of Wiley Nickel by emailing Kristi Haddock at kristi@wileynickel.com or Wiley Nickel at wiley@wileynickel.com, respectively.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Mug Shot Websites: Legal Extortion!

One of the most sacred principles in the American criminal justice system is the presumption that one is innocent until he or she is proven guilty. The State of North Carolina must prove, beyond a reasonable doubt, each essential element of the crime charged.  Just because the police make an allegation doesn’t mean it is true.

When it comes to mugshots the damage is lasting for those who are completely innocent or who have had a legal expungement.  Many mug shot websites exists for the sole purpose of legally extorting people charged with crimes.  They offer to remove one’s mugshot only if they are paid money to take down the photos.  So someone could be completely innocent or have a case that was dismissed (and then all public records erased through the legal expungement process) and still have their mugshot available for everyone to see on private websites.  For many of these websites their sole purpose is to extort money from those charged with a crime to avoid damage to their reputation.

In 2013 there was a bill in North Carolina that gained some traction.  It would have made mugshot extortion an unfair trade practice.  While there is a valid first amendment news purpose behind the release of mugshots for legitimate news sources there should not be an ability for websites to exist only to be paid to remove mugshots.  The text of the bill below.

 

 PART X. UNFAIR USE OF CRIMINAL RECORD INFORMATION

SECTION 10.1. Chapter 75 of the General Statutes is amended by adding a new section to read:

"§ 75-43. Unfair use of criminal record information.

(a) The violation of any provision of this section shall be considered an unfair trade practice, as prohibited by G.S. 75-1.1.

(b) A person commits a violation under this section if the person does both of the following:

(1) Engages in publishing or otherwise disseminating, in print or over the Internet, photographs of an individual taken pursuant to G.S. 15A-502(a)(1) or G.S. 15A-502(a2) or authorized by G.S. 15A-502(b).

(2) Solicits or accepts the payment of a fee or other consideration to remove the individual's photograph."

SECTION 10.2. This Part becomes effective December 1, 2014, and applies to violations occurring on or after that date.

There is also some debate about whether mugshots are public records and whether police departments should release all mugshots.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Seeking a North Carolina Expungement / Expunction?

Don't let an old criminal charge get between you and a dream job!

If your case was dismissed, you can protect your good name / reputation and rebuild your life through the North Carolina expungement process (also known as an "expunction"). Even though your case may have been dismissed, many people will think that where there's smoke there's fire and hold your past accusations against you. After the expungement is granted, employers, neighbors, customers, insurers, landlords looking into your background will find no official record of the charges that were expunged.

An expungement seals only the official records kept by government agencies. Private websites may continue to publish their information and may not comply with the court's Expunction Order. If that occurs, there are civil remedies that can be pursued against these private websites.

If you are are interested in an expungement please contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  We handle North Carolina expungements throughout most of the state.  You can reach us at 919-585-1486 to talk with a North Carolina Expungement Lawyer.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

When Can I Use a PJC?

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North Carolina law grants judges the discretion to enter a Prayer for Judgement Continued (PJC). This is an appealing option as it allows for prevention of penalties, such as increased insurance or license revocation, that are often associated with misdemeanor traffic offenses. While appealing, this option is only available for certain offenses. Certain judges may also require the completion of community service or driving school as part of the process for a PJC. A skilled attorney will be able to assist you in understanding when a PJC is available.

There are also limitations on the amount of times a PJC can be used. It is a common myth that if you get another ticket after using a PJC both tickets and their penalties will come back. This myth is not true. However, it is true that a PJC may be used only once every 3 years for insurance purposes, and once every 5 years for DMV purposes. Using a PJC more than is allowed can result in confusion for insurance and the DMV, possibly leading to an increase in points.

If you have received a traffic citation or charge, and have questions about a Prayer for Judgment Continued, call the Law Offices of Wiley Nickel at 1-(919)585-1486 for a free consultation. You can also email attorney Kristi Haddock or Wiley Nickel directly at kristi@wileynickel.com or wiley@wileynickel.com, respectively.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Legal Representation at the DMV

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The  North Carolina Department of Motor Vehicles mandates that anyone convicted of a second DWI within 7 years faces a four-year suspension of their driver’s license. After two years, drivers with a four-year suspension are eligible to request a DWI conditional restoration hearing. It is important to consider hiring an attorney for this complicated and lengthy hearing process.

Two years from the date of your conviction you may start the hearing request process. The first step will be scheduling a preliminary restoration hearing. Following that hearing you must obtain a FBI background check, a substance abuse evaluation, and have three witnesses available to testify at your final hearing.

Once your hearing date is scheduled an experienced attorney will sit down with you and your three witnesses to prepare for your hearing.

Attorney’s Kristi Haddock and Wiley Nickel are ready to guide you through this process. When your ability to drive is at stake, you cannot afford to cut corners. Call our office for a free consultation today, 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Complying With a DUI Checkpoint

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The Supreme Court has held that DUI checkpoints are not an infringement of our Fourth Amendment rights to be free from searches and seizures. This means that police may conduct DUI checkpoints and ask for your license at these checkpoints without the need for reasonable suspicion.

In complying with an officer’s request at a DUI checkpoint you should roll down your window and hand the officer your driver’s license and registration. If the officer suspects you have been drinking or that there is a motor vehicle violation, she may ask you to pull over for further questioning. You do not have to answer any question she asks you, such as whether you have been drinking or where you are coming from. If she has reasonable suspicion that you have been drinking, then the officer may perform roadside sobriety tests. These tests include the one-legged stand, the walk and turn, or the HGN test. While it is not required that you perform these tests, your refusal to do so can be used against you in court. But, without results from these tests, the State must still overcome the burden that the officer had probable cause to arrest you.

Even without these tests, the officer may still arrest you. The officer will then ask you to step into an onsite bus to submit to a breathalyzer test. In North Carolina, refusal to take this test will result in a loss of your license for one year. However, you have the right to request the presence of someone during the testing to witness it being conducted. The officer will allow 30 minutes for the person’s arrival. If the person is not there within 30 minutes, then the officer will continue with the test.

If you have been arrested for driving while intoxicated contact the The Law Offices of Wiley Nickel to discuss how we can help with your case. Call 919-585-1486 for a free consultation with attorney Kristi Haddock or attorney Wiley Nickel. Our office is located in Cary, NC at 2401 Weston Parkway near the I-40 exit at Harrison Avenue.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

When to Seek Legal Representation for a Traffic Ticket

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A traffic ticket may seem like a simple offense, but this simple offense can carry with it large fines, suspension or revocation of your license, and increased insurance rates.  In North Carolina it is generally not required that a driver have legal representation for a petty traffic offense, such as a simple speeding ticket or expired registration. However, retaining an attorney enables the driver to have help dealing with this stressful situation and ensures that the traffic ticket is resolved in the most favorable manner for both your license and your insurance.

Legal representation may also save you a trip to court and the hours of time that often accompany a court appearance. For many traffic citations, a waiver of appearance will allow one of our attorneys to go to court on your behalf. Meaning, that if you received a traffic citation while travelling in Wake or Chatham county hiring one of our attorneys will save you a trip back. It is important to note that paying a traffic ticket, including paying online, is an admission of guilt and can lead to unforeseen consequences.

The situation regarding traffic citations becomes more important for commercial drivers, including commercial truck drivers. Commercial driving licenses (CDL) are subject to stricter and more severe license consequences than standard operators. CDL holders must ensure that the stricter consequences for their traffic tickets do not interfere with their ability to continue holding a CDL.

Our attorneys at The Law Offices of Wiley Nickel, PLLC are happy to help anyone seeking effective and knowledgeable representation for assistance with Wake county traffic tickets. You can reach attorneys Kristi Haddock and Wiley Nickel at 919-585-1486 for a free consultation.  Our office is located in Cary, NC at 2401 Weston Parkway near the I-40 exit at Harrison Avenue.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

North Carolina Expungement Information - Faster Process

We wanted to give a quick update on expungements in North Carolina since the law changed in December of 2017.  We're seeing much faster processing times in the last few months. New rules for faster processing and more staff across the state have been able to speed things up a few months for many clients with expungement petitions. 

If you have a dismissed criminal case or a conviction and you would like a free consultation you can reach us at 919-585-1486 to discuss your case.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

When Can Police Search My Car?

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Police must have probable cause to search your vehicle. Once you are pulled over for a traffic offense, such as speeding, driving without a tail light, or expired registration, police can approach your vehicle to ask for your license and registration. If law enforcement smells marijuana coming from your vehicle this gives them the requisite probable cause to search your vehicle. However, there are exceptions and limitations to where police can search.

Police officers must have individualized probable cause against the specific occupant(s) they are attempting to search. If police wish to search a container within the vehicle, such as a purse, the officer attempting to search must have probable cause that either the marijuana or related paraphernalia will be found therein.  Lastly, if police wish to search the trunk of your car the officer must have specific probable cause attached to the trunk.

If you were charged with a traffic offense, possession of marijuana, or possession of drug paraphernalia call The Law Offices of Wiley Nickel, PLLC for a free consultation. Attorney Kristi Haddock and Attorney Wiley Nickel are available by phone at 919-585- 1486. Our office is located in Cary near the intersection of Harrison Avenue and I-40.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Charged with Underage Drinking?

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 In North Carolina it is illegal to consume alcohol under the age of 21. Concerts, and other summer events, are often patrolled by alcohol law enforcement (ALE) looking for underage consumers who are violating NCGS 18B-302, which dictates that anyone under the age of 21 is forbidden from consuming alcohol. Further, the use of a fake ID or the purchasing of alcohol for anyone under 21 is illegal.

Concerts and sporting events can be a popular place to pregame or tailgate in parking lots. While it is common to think you are safer in your car, this is not the case. Law enforcement patrolling the parking lots of events are on the lookout for illegal activity. The smell of marijuana or alcohol coming from a vehicle can lead to a citation or arrest for underage drinking, marijuana possession or possession of drug paraphernalia.  

 If you are a first-time drug or alcohol offender, you may qualify for the opportunity to have your case dismissed. An experienced attorney may work out a deal for you to do drug or alcohol classes in exchange for a dismissal of your charges.  

While drug and alcohol charges may seem minor, you should only move forward with the help of an attorney. A conviction for drug or alcohol charges could impact things like employment, housing, and financial aid.

Charged with a DWI, underage drinking, or marijuana charge? Call the Law Offices of Wiley Nickel, PLLC for a free consultation with attorney Kristi Haddock or attorney Wiley Nickel.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

How Do I Figure Out When and Where My Court Date Will Be?

In order to check the date, time and courtroom of your case, you can use the following link:

 

http://www1.aoc.state.nc.us/www/calendars/CriminalQuery.html

 

You will need to select “Wake County” from the drop-down menu and type in your last name, first name (do not put a space after the comma) and then click “Submit Query.”

 

When the list comes up, you will be able to click on your name to bring up the details of your case, including the charges, case number, court date, and session of court. In Wake County, there are two different sessions of court: (1) “AM” (meaning (9:00 a.m.) or (2) “PM” (meaning 2:00 p.m.). It is important that you know which session of court you are attending so that you do not miss court.

 

You may not see your scheduled courtroom on the website at first, but about a week before your scheduled court date, the assigned courtroom will appear on the website. However, because the courtrooms have been known to change unexpectedly, you should check the assigned courtroom on your scheduled court date.

 

The Wake County Justice Center is the large marble building located across from the Wake County Courthouse. The address is 300 S Salisbury St, Raleigh, NC.

 

If you have been charged with a criminal offense, contact The Law Offices of Wiley Nickel, PLLC today for a free consultation. You can reach the office at 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What Happens When I Miss My Court Date?

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You should always do everything you can to attend court on your assigned court date, but if you end up missing court the judge may issue a bench warrant. A bench warrant is very similar to an arrest warrant, which means that you can be arrested. A judge may not issue a bench warrant but it is completely in their discretion to do so.

 

Although police may not actively pursue you because your charge is only traffic related or another minor offense, the police could do so if they wish. So in order to avoid your arrest, you should bring any and all documentation that might explain your absence and then contact a lawyer to see what your options are. You lawyer may be able to help explain why you missed the court date and get a new court date rescheduled.

 

You need an experienced attorney who will keep your interests in mind and be able to get the best outcome for you. If you have missed your court date, call The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What is the 90-96 Program?

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If this is the first time ever being charged with a crime and you have been charged with an alcohol or drug offense, you might be eligible for the first time offender program called 90-96.

 

Under North Carolina General Statutes Section 90-96, courts are allowed to defer prosecution of alcohol and drug offenses for first time offenders. Essentially, first time offenders are given the opportunity to earn a dismissal through completion of this program.

 

The 90-96 program is a great option for first time offenders and sometimes even if you are charged with an alcohol or drug offense for a second time. The 90-96 programs requires that you attend alcohol and/or drug classes, pay the required fees and abide by the conditions of the program in order to have your case dismissed. Although as part of the 90-96 program you are required to sign an admission of guilt, this admission is irrelevant so long as you comply with the programs requirements within the year.

 

Once you have completed the 90-96 program and your case has been dismissed, your case will be eligible for expungement to clear your criminal record of the charge.

 

If you were charged with an alcohol or drug offense and would like to learn more about this program, or you have completed the program and would like help getting your criminal record expunged, call the attorneys at The Law Offices of Wiley Nickel, PLLC at 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

A Commitment to Our Community

We are always excited to serve our community! Today attorney Kristi Haddock from The Law Offices of Wiley Nickel, PLLC is at WRAL TV answering legal questions as part of the North Carolina Bar Foundation 4All Service Day.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What Happens When I'm Charged With Using A Fake I.D.?

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As spring break and summer break quickly approach for college and high school students, many students will find themselves in trouble for using fake identification in their free time.

 

While an underage person’s use of fake identification may not seem so serious at the time, a conviction under North Carolina laws can result in revocation of your drivers license. 

 

In North Carolina, N.C. Gen. Stat. 18B-302(e) makes it is a Class 1 misdemeanor to use fraudulent identification to:

1)    Enter or attempt to enter a place where alcoholic beverages are sold or consumed; or

2)    Obtain or attempt to obtain alcoholic beverages; or

3)    Obtain or attempt to obtain permission to purchase alcoholic beverages

 

If you are convicted under N.C. Gen. Stat 18B-302(e), your drivers license must be revoked for a one-year period.

 

Under N.C. Gen. Stat. 20-23(3), displaying or representing as your own, a drivers licenses not issued to the person displaying it is a Class 2 misdemeanor. Upon a conviction under this statute, you may lose your drivers license for up to one year.

 

If you are charged with having a fake I.D. contact The Law Offices of Wiley Nickel, PLLC for a free consultation with one of our criminal defense attorneys at 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What is Domestic Violence in North Carolina?

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Under North Carolina law, domestic violence convictions result in harsher collateral consequences than some other misdemeanor convictions. Domestic violence is one of several acts against a person who has one of the following relationships with the accused, such as: 

  • Spouse
  • Ex-spouse
  • Person of the opposite sex who lives or has lived with the accused
  • Child or grandchild
  • Person with which the accused has a child
  • Current or former household member
  • Person of the opposite sex with whom the accused is in a dating relationship, like a girlfriend or boyfriend
  • Person of the opposite sex with whom the accused used to have a dating relationship

It’s common to see crimes such as Assault on a Female or Simple Assault in the Domestic Violence courtroom, but other charges may be considered crimes of domestic violence if the alleged victim and the accused have a personal relationship.

If you have been charged with a domestic violence crime in Wake County, The Law Offices of Wiley Nickel is here to help. If you have questions regarding your charge, and how to proceed, call our office at 919-585-1486 today! 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

When Should I Stop For A Stopped School Bus in NC?

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In July 2017, Roy Cooper signed the “School Bus Cameras and Civil Penalties” bill into law allowing individual counties to adopt ordinances and cite motorists by using cameras installed on the stop-arms of buses. The new law authorizes counties to adopt ordinances with civil penalties of $400 for the first offense, $750 for the second offense and $1,000 for a subsequent offense.

 

Passing or failing to stop for a stopped school bus is a Class 1 misdemeanor in North Carolina that can result in significant fines and the possibility of up to 120 days in jail. A person is guilty of this offense by:

(a)   Driving

(b)   A vehicle

(c)   Approaches from, any direction, on the same street, highway or public vehicular area

(d)  A school bus

(e)   That is displaying its mechanical stop signal or flashing red lights AND is stopped for the purpose of receiving or discharging passengers

(f)   Passes or attempts to pass the school bus OR fails to bring the vehicle to a full stop and remain stopped

(g)   Before the bus’s mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off and the bus has started to move

 

In order to avoid such a charge, you should know the rules about when you should stop for a school bus:

·      Two-lane roadway: all traffic from both directions must stop

·      Two-lane roadway with a center turning lane: all traffic from both directions must stop

·      Four-lane roadway without a median separation: all traffic from both directions must stop

·      Divided Highway of four lanes or more with a median separation: only traffic following the school bus must stop

·      Roadway of four lanes or more with a center turning lane: only traffic following the bus must stop

 

If you’ve been charged with Passing or Failing to Stop for a Stopped School Bus, give The Law Offices of Wiley Nickel, PLLC a call to discuss the facts of your case at 919-585-1486. Attorney Kristi Haddock and Attorney Wiley Nickel are available for a free consultation.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Raise the Age in North Carolina

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In 2017, North Carolina relinquished its title as the only state in the U.S. that automatically prosecuted juveniles 16 and older as adults. As a result of the North Carolina General Assembly’s Juvenile Justice Reinvestment Act, most 16 and 17 year olds will now be prosecuted in juvenile court instead of the adult court system.

 

Beginning December 1, 2019, a “delinquent juvenile,” as defined in N.C. Gen. Stat. 7B-1501(7), will include 16 and 17 year olds who commit crimes or infractions, except for motor vehicle laws, or indirect contempt by a juvenile. However, under the new law, once a juvenile has been convicted of any offense in either district or superior court, including violations of motor vehicle laws, the juvenile must be prosecuted as an adult for all subsequent offenses. This means that if a teenager already has an adult conviction when the new law becomes effective, the law will not benefit them.

 

The new law provides that all offenses committed by 16 and 17 year olds will originate in juvenile court. This means that 16 and 17 year olds accused of misdemeanors and low-level felonies such as larcenies, break-ins and other non-violent crimes, will now have a chance to for their cases to be handled in juvenile court. Since studies have shown that children in the juvenile system are less likely to return to jail, North Carolina is finally taking a step towards reducing its growing prison populations.

 

What has not changed is that violent teenagers can still be moved into the adult system. Class A-G felonies that are committed by 16 and 17 year olds require mandatory transfers to superior court by a notice of an indictment or a finding of probable cause by the court. However, this new provision will provide prosecutors with the ability to maintain some discretion by reducing charges before the time for filing or a probable cause hearing.

 

If you are charged with a misdemeanor offense and are 16 or 17 years old contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  Until the “Raise the Age” Bill becomes effective we can handle cases for 16 and 17 years olds in adult criminal court. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.