How Many Expungements Can You Get in North Carolina?

How To Get Your Criminal Record Expunged: Can You Get Multiple Expungements in North Carolina?

You can get as many expungements as the law allows.  Some types expungements bar you from getting certain other types of expungement in the future and for other situations there could be multiple expungements allowed.  It’s all very fact specific.

Certain Convictions under 18 and Certain Drinking Tickets under 21

Many can get an NC expungement of a misdemeanor conviction for an offense committed before the age 18 plus certain drinking tickets before age 21.  That expungement statute does not list a prior expungement as a bar to getting one.

Dismissal/Not Guilty Expungements

In many cases you can’t get a dismissal expungement if you’ve had certain other types of expungements.  If you have a misdemeanor conviction on your record and want to get an expungement for a dismissed case that conviction likely does not bar you from a dismissal expungement.  For many clients the order of using their expungements is very important and if there are multiple things going on you could limit the possibilities for expungements if you do them in the wring order.

15 Year Wait Expungements

For many clients their public records can be erased through the expungement process for one misdemeanor or low level felony after 15 years have passed (assuming it’s the only criminal conviction on their record).  In that situation most other prior expungements could block them from the 15 year wait kind of expungement.  An expunction of a dismissal is the one type of expungement that is not listed as a bar to getting the 15 year type.

What Next?

A prior expungement generally makes it difficult for a person to get an expungement more than once. However there is not a rule that allows only one expungement for all scenarios. The terms of each statute control whether a person can obtain another expungement. North Carolina law creates a narrow path to additional expungements in many situations.  All cases are different.  If you have questions about getting a second expungement contact The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation.  Our NC Expungements Lawyers will answer your questions and let you know if we can expunge criminal records for you.

1 Comment

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 do I do if I find out that an employee has been embezzling funds from my business in North Carolina?

Many people contact our law firm to ask what they should do if an employee has embezzled funds from their business in North Carolina. They discover that someone has committed embezzlement and taken money in some form or fashion from their business.  If more than $1,000 has been stolen then it’s a felony charge in North Carolina.

If someone has committed embezzlement from your business you should call the police and they will investigate and arrest where appropriate.  As part of the criminal process there will be an effort by the police, district attorney’s office and courts to get you all of your money back.

What happens if you try to work out a deal with the employee and don’t call the police?  After firing the employee some employers will try to work it out with that former employee and may not end up contacting the authorities.  If you sign some type of contract or enter into some sort of formal agreement with that former employee for repayment of the funds that were taken - the police may not get involved in the case if that former employee doesn’t make good on his/her promise to repay the funds that were taken.  Once you get into the point where there’s a contract then it likely becomes a civil matter and not a criminal matter and the police may decide not to get involved.  At that point your only recourse will be to sue the former employee for the lost funds if they don’t pay the funds back as part of the agreement.  All cases are unique so this may or may not apply to your specific case.

If criminal charges are brought against the former employee and they enter a plea deal or are found guilty then there will likely be some sort of restitution ordered by the courts as part of any deal or criminal sentence.  Most courts in North Carolina are very interested in getting your business paid back for the funds that were taken.

The main issue here is that if you (1) decide not to call the police and then (2) sign a written agreement for repayment with the former employee who embezzled funds and (3) the employee doesn’t make repayment then you would likely have to sue the employee in civil court and the police could decide not to get involved.

If criminal charges are filed then there are strong mechanisms in North Carolina where the District Attorney and the Judge will be very concerned with making sure that your business gets paid back those embezzled funds.

Comment

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.

Why did they raise my car insurance when I had my ticket reduced to nine over the limit?

We handle a lot of speeding tickets for our clients in Wake County and Chatham county. The main goal for most clients is a reduction of their speeding ticket so their car insurance won't go up.

The general rule is that everyone is allowed one speeding ticket every three years under 10 miles an hour over the limit without getting any N.C. Department of Insurance SDIP points (otherwise known as insurance points).  But what we see more and more with the insurance companies is that they are getting around the law in North Carolina with a "safe driver discount."  So one is penalized with higher vehicle insurance for any sort of speeding ticket (even as low as five miles per hour over the limit) because it violates the "safe driver discount."

So our advice for most clients (assuming eligibility) is to try to get their speeding tickets reduced to the non-moving violation of improper equipment.  A reduction to improper equipment is the best way to go because it avoids the issue of the safe driver discount that a reduction to nine miles an hour over the limit will include.

I've attached a letter below from my own family insurance policy.  Someone on my insurance policy (not me) had a speeding ticket of nine miles an hour over the limit just about three years ago.  At that time Wake County wasn't allowing reductions to improper equipment.  Because of that ticket my insurance quote went up $110 for the six month insurance premium.  The only ticket on our policy was that one speeding ticket (hint, hint it was my wife) for speeding nine miles over the limit.  We should not have received any SDIP points but the insurance company still raised  the rate because they said it violated their "safe driver discount."  So in our case that one speeding ticket cost us about $660 in extra car insurance over three years. 

NC SDIP Letter.JPG

So in this example a reduction of a speeding ticket from 15 mph over the limit down to 9 miles an hour over the limit cost an extra $660 over three years.  Had we been able to get that ticket reduced to improper equipment we would have save a lot of money in higher insurance premiums because of the safe driver discount.  A reduction to improper equipment in Wake County would have saved us a lot of money if we had been able to get that close to three years ago.  Unfortunately the Wake District Attorney's Office had a new policy that went into effect in 2015 and it was not available in 2014.  Most of the other counties in North Carolina generally allow for reductions to improper equipment if the ticket and driving record meets certain county by county rules for eligibility.  The change in policy by then newly elected Wake County DA Lorrin Freeman has undoubtedly had the effect of saving Wake County residents from much higher car insurance premiums.  Our clients have certainly been able to benefit from lower insurance because of the new Wake County improper equipment policy.  The result is more money in the pockets of minor speeders and less money in the pockets of the big insurance companies.  The improper equipment reductions come with higher court costs/fines so the State of North Carolina also benefits with more revenue in the General Fund. 

The main take away is that if you are eligible for a reduction to improper equipment it's always the safer move versus a reduction to nine miles over the limit because your insurance company may have a safe driver discount that will penalize you even though you don't get any NC Department of Insurance SDIP points with a reduction in speed.

If you have received a speeding ticket in Wake County or Chatham County contact The Law Offices of Wiley Nickel,  PLLC for a free consultation at 919-585-1486. 

Comment

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 Needs to 'Raise the Age'

North Carolina is the only state in the nation that still prosecutes all 16- and 17-year-olds as adults, regardless of the severity of the crime, in adult criminal court. When youth end up in adult court, there is limited access to rehabilitative programming, mentoring, counseling, and education.  We need to "Raise the Age."

Evidence shows that the juvenile system – with programs tailored to how children think and learn – is more effective at rehabilitating youth. Fewer then go on to commit another crime, which means lower costs to society and more children growing up to become educated, employed citizens.

New York was the only other state to do this and they just changed their law when Governor Cuomo signed the changes into law on April 10th.  Now North Carolina is the ONLY state in the county to treat 16 and 17 year olds like adults for criminal purposes.  There is a lot of evidence that the total costs for North Carolina would be lower if we kept 16 and 17 years old in juvenile court for misdemeanor offenses.

While many states provide adult trials for younger defendants accused of heinous crimes, only North Carolina automatically treats everyone 16 or older as an adult. There were 89 inmates in the North Carolina prison system under the age of 18 as of last July; 14 were 16 years old and 75 were 17 years old.

The Juvenile Justice Reinvestment Act, as House Bill 380 is entitled, would try 16- and 17-year-olds as juveniles unless the charge is a serious felony. There is an option for adult trials for less serious felonies.

The bill takes two other steps to address juvenile crime. It sets up “school-justice partnerships with local law enforcement agencies, local boards of education, and local school administrative units with the goal of reducing in-school arrests, out-of-school suspensions, and expulsions” and mandates juvenile-justice training for law-enforcement officers.

The bill has good bipartisan support.  Almost everyone understands that it makes no sense to automatically put 16-year-olds into adult court. That includes law-enforcement officers and prosecutors as well as advocates outside the system.

Data shows a 7.5 percent decrease in recidivism when teens are tried in the juvenile system. Further, when youthful offenders are prosecuted in the adult system the recidivism rate is 12.6 percent higher than the overall population.

HB 380 would allow the system to treat youthful offenders as individuals. Some are accused of crimes so heinous that the decision must be made in an adult court, but most have not. They deserve the chance to put their errors behind without a criminal record that will follow them around for the rest of their lives.  There are currently laws in place to make for easier expungements for crimes committed at age 16 or 17.

Now that New York has moved forward on this issue North Carolina cannot be the only state to treat 16 and 17 year olds like adults for criminal purposes.

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.  We handle cases for 16 and 17 years olds in adult criminal court and hope that the law changes soon.  You can reach juvenile defense lawyer Wiley Nickel at 919-585-1486 for a free consultation.  We also handle juvenile cases for those charged with a crime under the age of 16.

Comment

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.

The Law Offices of Wiley Nickel, PLLC Earns BBB Accreditation

FOR IMMEDIATE RELEASE

March 17, 2017

The Law Offices of Wiley Nickel is Committed to BBB’s Standards for Trust

This week, The Law Offices of Wiley Nickel announced its recent accreditation by Better Business Bureau serving Eastern North Carolina. As a BBB Accredited Business, The Law Offices of Wiley Nickel is dedicated to promoting trust in the marketplace.

“We are proud to have met BBB’s high standards and we are excited to be part of an organization that exists so consumers and businesses alike have an unbiased source to guide them on matters of trust,” said Raleigh Attorney Wiley Nickel. “BBB Accreditation gives our customers confidence in our commitment to maintaining high ethical standards of conduct.”

BBB Accredited Businesses must adhere to BBB’s “Standards for Trust,” a comprehensive set of policies, procedures and best practices representing trustworthiness in the marketplace. The standards call for building trust, embodying integrity, advertising honestly, telling the truth, being transparent, honoring promises, being responsive and safeguarding privacy.

When dealing with a BBB Accredited Business the consumer has peace of mind knowing that they are dealing with an honest organization that is accountable to its clients.

For additional information regarding BBB Accreditation, visit easternnc.bbb.org.

 

About The Law Offices of Wiley Nickel, PLLC:

"When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority."

As a former Deputy District Attorney Wiley Nickel has the experience that matters most.  With a practice based on trust, respect, discretion and professionalism, Raleigh Criminal Lawyer Wiley Nickel helps his clients avoid the dire consequences of criminal charges.

As a Raleigh Criminal Defense Attorney, Wiley focuses on Wake County Misdemeanor charges and Raleigh DWI/DUI offenses.  A DWI or other criminal charge can have a profound effect on your life and financial situation, and the right Raleigh Criminal Defense Attorney makes all the difference.  Fighting traffic tickets, which may negatively impact your record and lead to huge increases for your car insurance, is another way Wiley defends every aspect of your rights.

Wiley Nickel and Associate Attorney Kristi Haddock focus on Raleigh Criminal Defense, Family Law, Wake County Traffic Tickets and Epxungements from their Offices in Cary and Apex.  Contact The law Offices of Wiley Nickel when you need an Experienced Criminal Defense Attorney, Marijuana Defense Lawyer, DWI Lawyer in the cities of Raleigh, Cary, Morrisville, Apex, Holly Springs and Fuquay Varina.  Defending your rights is our main priority.

About BBB serving Eastern North Carolina:

Better Business Bureau serving Eastern North Carolina is a 501(c)(6) not-for-profit corporation serving 33 counties in eastern North Carolina. The organization is funded primarily by BBB Accredited Business fees from more than 3,000 local businesses and professional firms. BBB promotes integrity, consumer confidence and business ethics through business self-regulation in the local marketplace. Services provided by BBB include reports on companies and charitable organizations, general monitoring of advertising in the marketplace, consumer/business education programs and dispute resolution services. All services are provided at no cost to the public, with the occasional exception of mediation and arbitration. Visit bbb.org.

Comment

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.

Choosing the wrong craft beer could lead to a North Carolina DWI

Choosing the wrong craft beer could lead to a North Carolina DWI

Not every beer is created equal. As many have noticed, Craft Breweries are popping up all over the triangle, it’s a booming industry growing every day taking over 12% of the market share of the overall beer industry. Most of these unique breweries are selling craft beers which have a higher percentage of alcohol than the beers you buy in the store.  

More sophisticated beer drinkers today than yesteryear...means a higher % ABV

Historically US beer drinkers have preferred a lighter lager type beer like Budweiser or Bud Light which still remains one of the top sellers in the US. The American beer palate has been shifting to a more sophisticated beer with unique and high quality flavors. Along with this unique taste comes a higher ABV (alcohol by volume). As the passion for craft beers keeps growing so is the percentage of alcohol per beer. Most craft beers range from 5-10% ABV (alcohol by volume), but some craft beers can reach 20%, 30%, and even 40% ABV! Click here. Compare this to the 2.5% ABV in Budweiser Select 55 and Miller Genuine Draft Light.

A craft beer can equal 3-4 cans of a regular ol’ beer like Coors

So when you walk out of your favorite new brewery and think you've only had 2 beers, it might be quite deceiving. Driving home after 1 beer can seem reasonable but not when that 1 beer has an ABV of 10% or 20%.

Arm yourself with some info, BEFORE you order that black IPA

Information is knowledge, so when you order your next craft beer ask about the ABV content. In most craft brewpubs, the ABV is also listed on the boards where they have all the beer options.

Contact a Raleigh DWI Lawyer. If you have been charged with a DWI in Wake County, North Carolina Attorney Kristi Haddock and Attorney Wiley Nickel are here to help. They offer free consultations. You can reach the Law offices of Wiley Nickel at 919-585- 1486.

Comment

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 Driver’s License Restrictions for those Convicted of DWI

When the North Carolina Division of Motor Vehicles (DMV) restores a person’s North Carolina driver’s license after it has been revoked for DWI the license is restored subject to certain specific conditions for BAC and ignition interlock. (See Do I have to get interlock if I have a DWI? for more info)

First Time DWI in North Carolina

If your license was revoked for impaired driving and this is the first time your license has been restored your license is restored subject to the condition that you not operate a vehicle with a blood alcohol concentration (BAC) of 0.04 at any time after driving. 

If your license was revoked for DWI under 21, your license is restored subject to the condition that you not operate a vehicle with a blood alcohol concentration of 0.00 at any time after driving. 

As part of getting your license back you must agree to submit to a chemical analysis (breath, blood or urine test) at the request of a law enforcement officer who has reasonable grounds to believe that you are operating a motor vehicle in violation of your license restrictions. You must also agree to be transported by the law enforcement officer upon his/her request to the place where a chemical analysis can be administered.  Unfortunately the law says that driving is a privilege, not a right so they can do this sort of stuff post-DWI conviction.

If you drive in violation of license restriction that is the equivalent of operating a motor vehicle without a license.  So if you blow above the 0.04 (or 0.00 depending on your respective driving conditions) you commit the offense of failure to comply with a license restriction which is a Class 3 criminal misdemeanor in North Carolina.  The police must complete an affidavit indicating the restriction was violated and then mail the affidavit to DMV. Upon receipt of a properly executed affidavit the NC DMV must notify you that your driver’s license is revoked for one year.

Ignition Interlock Violation Penalties

In addition to imposing alcohol concentration BAC restrictions the NC DMV must require ignition interlock for drivers whose licenses are restored following a conviction for impaired driving if:

  • You had an alcohol concentration of 0.15 or more.
  • You were convicted of a second offense of DWI, which happened within seven years of the offense for which your license was revoked; or
  • You were sentenced to an Aggravated Level One DWI.

An ignition interlock restriction requires the following:

  • You may operate only a vehicle that is equipped with ignition interlock.
  • You must personally activate the ignition interlock system before driving the motor vehicle.  So obviously someone else can’t blow into the ignition interlock for you.
  • You have an alcohol concentration restriction of 0.04 or 0.00 depending on the facts of your case.

If you violate an ignition interlock restriction you commit the offense of driving while license revoked for impaired driving (DWLR).  This is a Class 1 Misdemeanor in North Carolina.  If a magistrate finds probable cause for driving while license revoked based on an ignition interlock violation, the magistrate must notify you that your license is suspended pending the resolution of the case and must require you to surrender you license.  The magistrate must also inform you that you are not entitled to drive until the case is resolved.

Contact a Wake County DWI Lawyer

If you violated a BAC condition or an ignition interlock condition as part of your post-DWI driving privilege please contact The Law Offices of Wiley Nickel for a free consultation.  Raleigh DWI Lawyer Wiley Nickel handles DWI cases and DMV issues in the Wake County, North Carolina area.  Our office is located in Cary, NC and our office number is 919-585-1486.

 

Comment

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.

Raleigh Traffic Ticket Defense

If you have received a Raleigh Traffic Ticket, the attorneys at The Law Offices of Wiley Nickel, PLLC can help. We provide professional representation to those in need of experienced traffic ticket attorneys. Traffic violations can have more severe consequences than most people realize. Traffic convictions not only effect your driving record, but can also negatively impact your car insurance rates. In fact, multiple moving violations can result in a suspended or revoked license. The loss of your license may have far reaching consequences on your personal and professional life. Therefore, it is important that you speak with an experienced North Carolina traffic ticket lawyer after receiving a traffic ticket to discuss your options.

Our firm will aggressively represent you in order to completely eliminate or minimize the negative impact on your life and ensure the best result possible. We can review your DMV record and explain the proper course of action. Our traffic attorneys have successfully handled thousands of traffic tickets throughout the Raleigh area. Just a few examples include:

    Cell Phone/Texting While Driving Violations

    Driving While License Revoked

    No Operators License

    Driving with expired license plates or registration

    Driving Without Valid Insurance

    Failure to reduce speed to avoid an accident

    Failure to Move Over for an Emergency Vehicle

    Hit and Run

    Following too Closely

    Improper Lane Change

    Leaving the Scene of an Accident

    Passing a Stopped School Bus

    Careless and Reckless Driving

    Running a Red Light or Stop Sign

    Seat Belt Violations

    Speeding

        Excessive Speeding

        Speeding in a School Zone

        Speeding in a Work Zone

         Improper Equipment

It is important to note that commercial drivers (i.e. truck drivers) are subject to more severe license consequences than standard operators. CDL traffic tickets must be handled accordingly.

For many traffic citations we are able to go to court on your behalf.  You would simply sign a waiver of appearance and one of our Raleigh speeding ticket lawyers will go to court on your behalf so you don’t have to take hours out of your day to deal with the long lines of court.

If you seek effective and knowledgeable representation, we look forward to hearing from you. From Raleigh traffic tickets to those issued in Wake and Chatham counties, our attorneys are happy to discuss your individual situation. Feel free to explore our website and contact us to learn more. Let us put our experience to work to help you.  You can reach lawyers Wiley Nickel and Kristi Haddock 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.

 

Traffic Ticket FAQs

    What should I do if I am stopped for a traffic ticket in North Carolina?

    Do I need a lawyer for an North Carolina traffic ticket?

    Do I have to attend court?

    Will an North Carolina traffic ticket affect my auto insurance rates?

    Will my North Carolina driver’s license be suspended?

    Can I attend traffic safety school?

    I received court supervision earlier this year, what will happen in court?

    What happens if I do not pay my traffic ticket or court fines?

    What should I do if I missed my court date?

    What are my options if I am a CDL holder?

What should I do if I am stopped for a traffic ticket in North Carolina?

Pull over in a safe manner as soon as is reasonably possible. Put your vehicle in park, and turn off your engine and radio. Turn on your overhead light if it is dark outside, keep your hands visible (i.e. on the wheel), and roll down your window. It is usually best to wait to take out your driver’s license and insurance once requested by the officer. Any actions, such as reaching into your wallet, center console, or glove compartment may be considered aggressive movements by the officer.  It is also important to always have your registration and insurance cards stored together in a place where you can easily find them in your glove box.  If you fumble through your glove box looking for your registration and insurance cards it’s a clue used by the police in court to say that you are possibly driving while impaired.  Though in reality most people have a pretty messy glove box and don’t store these things in a super accessible part of the glove box.

Although being stopped by a police officer can be a frustrating and stressful experience, remain calm and friendly. Your attitude is extremely important during this process and can influence the ultimate resolution. Do not make excuses or argue with the officer.  While you may be upset at being pulled over it’s always important to be respectful.

If the officer asks you if you know why you were stopped, do not admit guilt. It is very possible that you are being recorded with video and/or audio and this evidence can later be used in court. Politely let the officer know that you are not sure why you were stopped.

If the officer claims that you committed a traffic violation, ask if he/she would consider issuing a warning rather than a traffic ticket. If the officer decides to issue you a traffic ticket, you should contact a traffic ticket attorney while the details are still fresh in your mind.

Do I need a lawyer for a Wake County North Carolina traffic ticket?

You should always seek legal advice from an attorney when it comes to handling a North Carolina traffic ticket. A driver should not step into court without understanding their options and the consequences of a conviction. In North Carolina, it is typically not required that you retain the services of a traffic lawyer unless your traffic ticket rises to the level of a criminal offense (i.e. Excessive Speeding). Regardless, legal representation even on a petty traffic offense can make a world of difference depending on the specific circumstances surrounding your case and could be the difference between higher insurance premiums or possibly losing your license.

Receiving a traffic ticket and appearing in court can be a stressful ordeal. An experienced North Carolina traffic ticket attorney can help guide you through the process and often achieve the best result possible. An attorney may be able to reduce or completely eliminate the negative effects on your driver’s license.

Do I have to attend court?

In North Carolina, your traffic ticket should indicate whether a court appearance is required. However, typically, with certain exceptions, you only have to appear if a conviction of the offense may result in possible jail time or automatic license suspension. Regardless, it is important to understand that simply mailing in payment for your moving violation is a plea of guilty, which will result in a conviction unless otherwise indicated. A conviction may even affect current or future employment consequences. Except under very rare circumstances, DO NOT mail in payment for your ticket.

It may be possible for an attorney to appear in court for you on your behalf. An attorney may be able to resolve the matter without you attending court. In addition, it may be possible to have the court date changed with the judge’s permission. You should speak with an experienced traffic attorney to discuss the options available to you.

Will a North Carolina traffic ticket affect my auto insurance rates?

Your insurance rates could increase after receiving a conviction for a North Carolina traffic ticket. Typically, your insurance rates will not increase if your traffic ticket is dismissed, you are found not guilty. Increases in your insurance premium depend on the nature of the traffic violation and your specific insurance policy and are generally governed by rules for North Carolina insurance points. Speak with a North Carolina traffic ticket attorney or contact your insurance provider to find out the potential consequences for your auto insurance.

Will my North Carolina driver’s license be suspended?

Traffic tickets may result in the suspension of your driver’s license depending on the speed of offense on the conviction and the number of DMV points on your record.  Additionally, the length of suspension may be longer if the driver has been suspended previously. In certain cases, three violations may result in a revocation of your license, depending again on the nature of the violations.  It is important to note that driving on a suspended or revoked license (DWLR) is a criminal charge carrying with it serious potential consequences.

Can I attend traffic safety school?

If you have a fairly clean driving record, you may have the option of taking traffic school as a way to get the speed on your ticket reduced. Regardless, traffic school requires spending time and money that many drivers would like to avoid. It may be possible to avoid traffic school altogether by attending court with an experienced traffic ticket attorney.  Our office can help you find the proper school if it is needed.

What happens if I do not pay my traffic ticket or court fines?

The worst decision you can make is to simply ignore or refuse to pay a North Carolina traffic ticket. If you fail to pay the required fines and court costs associated with your traffic ticket you may have your license suspended.

What happens if I just don’t show up to court?

If you don’t show up to court your case will be marked as a failure to appear and within a few months your license will be suspended.  You could even be arrested for driving on a suspended license if you ignore the ticket.

What should I do if I missed my court date?

If you are required to appear in court and you miss your court date, there are several possibilities. Depending on the type of case, including certain traffic violations, a warrant may be entered. If a warrant is entered, it should be quashed and recalled immediately before it is executed. A lawyer can file a motion for a new court date to avoid the suspension and get you back on the court calendar.  Failing to appear in court can cause a driver’s license suspension. In addition, a “failure to appear” on your driving record must be removed before your driver’s license can be renewed. Speak to a North Carolina traffic ticket lawyer if you missed your court date to discuss your available options.

Comment

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.

Do I Have to Comply at a DWI Checkpoint?

DWI-Checkpoint-Wake-County

DWI checkpoints in North Carolina may seem like they infringe on your Fourth Amendment rights to be free from unreasonable searches seizures. However, the United States Supreme Court held in the 1990 case of Michgan Dept. of State Police vs. Sitz that checkpoints are in fact constitutional. Essentially, the court found that the benefit of stopping drunk drivers was greater than the burden of temporarily stopping drivers who went through the checkpoint.

You may find yourself in a line of cars one night waiting for an officer to briefly speak to you. When the officer approaches your car, you should roll down the window to hand the officer your driver’s license and registration if it is requested. If the officer suspects that you have been drinking or that there is a motor vehicle violation, she may ask you to pull over for further investigation. You do not have to answer any questions she asks you, such as if you have been drinking or where you are coming from.  If the officer has reasonable suspicion that you have been drinking, she may ask you to perform roadside sobriety tests, such as the one-legged stand, the walk and turn, or the HGN test. You do not have to do these tests, but your refusal to do so can be used against you in court. But, without results from these tests, the State will have to overcome the burden that the officer had probable cause to arrest you.

Even without these tests, if the officer believes you are too impaired to drive, she may arrest you. She will then ask you to step into an onsite bus to submit to a breathalyzer test. If you refuse to take this test, you will lose your license for one year in North Carolina. However, you have the right to request that someone be present with you at the test to witness it. The officer will allow the person 30 minutes to arrive before giving the test. If the person does not arrive after 30 minutes, the officer will go on with the test.

If you have been arrested for driving while intoxicated due to a checkpoint stop, contact The Law Offices of Wiley Nickel to discuss how we can help with your case. The Law Offices of Wiley Nickel, PLLC is located in Cary, NC near Harrison Avenue and Weston Parkway. For a free consultation call attorney Wiley Nickel or attorney Kristi Haddock at 919-585-1486 or email at wiley@wileynickel.com or kristi@wileynickel.com

Comment

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 to Do If You Have Been Arrested For Possessing a Controlled Substance in Wake County

Controlled-Substance-Wake-County

The North Carolina Controlled Substances Act dictates which drugs are considered controlled substances North Carolina. Under this list, any substance that has “a high potential for abuse, no currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision” is included. This means that possessing recreational drugs and prescription drugs used for non-medical purposes punishable in North Carolina.

This list includes marijuana, codeine, heroin, and oxycodone. Under NCGS 90-96, it is prohibited to possess, manufacture, create, sell, or deliver any controlled substance. If you have been charged with possessing a controlled substance in Wake County, contact The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation.

If this is your first offense, you may be eligible for the 90-96 program, which allows you to have the charged dismissed after completing court-mandated classes. You may also be eligible to have the charges expunged after dismissal.

If this is not your first offense, contact Attorney Wiley Nickel or Attorney Kristi Haddock to discuss what your options are in Wake County at wiley@wileynickel.com or kristi@wileynickel.com

Comment

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.

Have You Been Charged With Misdemeanor Larceny for the First Time?

Wake-County-Larceny

If you have been charged with misdemeanor larceny or shoplifting, and it’s your first criminal charge, you may be eligible for the First Offender Program in Wake County. Upon successful completion of the program your case would be dismissed, and then may be able to be expunged from your record completely. If your case is expunged, it will not show on any background check that you had ever been charged in the first place.

The Wake County First Offender Program for misdemeanor charges generally will require you to complete 75 hours of community service at a non-profit organization and not be arrested again for one year. Attorneys Wiley Nickel and Kristi Haddock can help you navigate Wake County District Court to make the process less stressful. The Law Offices of Wiley Nickel will assist you to make sure you find a non-profit that is eligible for the program so you can successfully complete it. We will also advise you on any other requirements the Wake County District Attorney would like you to complete in order to have your charge dismissed. Additionally, we may be able to help you get the charge expunged after dismissal.

Contact The Law Offices of Wiley Nickel at (919) 585-1486 to see how we can help with your misdemeanor larceny charge in Wake County. We serve all areas of Wake County, including Raleigh, Apex, Morrisville, and Cary. 

Comment

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.

Can I Be Charged With a DWI If I Haven’t Been Drinking?

Wake-County-DWI

Alcohol does not necessarily need to be involved to be charged and convicted with a DWI in North Carolina. Based on NCGS 20-138.1, “a person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State . . . while under the influence of an impairing substance.”

According to Shea Denning of the UNC School of Government, an impairing substance can be alcohol or a controlled substances, including illegal and legal drugs. Essentially, any drug that impairs one’s ability to drive can be considered an impairing substance.

These substances may not necessarily register on a breathalyzer, but North Carolina officers can still arrest you if they suspect that you are under the influence of an impairing substance. Instead of requiring a breath sample, the officer may request a blood sample. If you refuse to give one, the officer may apply for a warrant to take blood. In some situations, blood may even be taken without a warrant if the officer can prove exigent circumstances existed.

If you have been charged with a DWI in Wake County, contact The Law Offices of Wiley Nickel in Cary, NC, for a free consultation. Our office is conveniently located off of the Harrison Ave. exit of I-40 on Weston Parkway. We serve all areas of Wake County, including Raleigh, Cary, Apex, and Wake Forest. Call us at (919) 585-1486 for more information about how we can help you with your DWI case. 

Comment

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.

Do I Have to Get Interlock if I Have a DWI?

Wake-County-DWI-Interlock

If you have been convicted of a DWI in North Carolina, you may be required to get Interlock installed in your vehicle before you are allowed to drive again. Interlock is a device that requires the user to blow into a tube. The user will not be allowed to start the car unless the device registers no alcohol on the user’s breath. Furthermore, the user must be the one convicted of the DWI – it is against the law to have someone else blow!

If you have recently been arrested for a DWI in Wake County, you need to know your rights and how to best handle your case so you can still drive for work. In some cases, you will not need to have Interlock installed to have a limited driving privilege. Under current North Carolina law, Interlock is required if you are convicted with a blood alcohol content (BAC) of .15 or greater, or have been convicted of a second DWI offense. Contact The Law Offices of Wiley Nickel at (919) 585-1486 to talk to an attorney about how we can help you with your DWI case in Wake County.

The State of North Carolina has the burden to prove that you were driving while intoxicated beyond the legal limit. Having an experienced attorney on your side may help you receive the best outcome for your case. Email us at wiley@wileynickel.com for a free consultation about your DWI case. 

Comment

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.

Labor Day and DWIs: What You Need to Know

The unofficial end of summer is already this coming Monday, and with that comes beer, BBQs, and the beach. As you know, law enforcement officers in North Carolina tend to increase their patrol over NC roads, which can lead to a greater chance of being pulled over for speeding and for DWIs.

What’s the best way to beat a DWI? Obviously, don’t drive after you have been drinking. North Carolina is notoriously tough with drunk driving charges. Before you put the keys in the ignition, consider calling an Uber or taxi.

If you do find yourself with a DWI charge after Labor Day weekend, you should contact an attorney as soon as possible. In Wake County, all DWIs are for trial or for plea. DWIs are rarely, if almost never, dismissed at the will of the District Attorney. The Law Offices of Wiley Nickel have handled many DWIs in Wake County and can help navigate you through the process to mitigate damages to your reputation and bank account.

A DWI isn’t something you should ever handle on your own. Contact Wiley Nickel or Kristi Haddock at (919) 585-1486 to discuss how we can help you with your traffic charges. 

Comment

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.

Back to College and Underage Drinking: Let Us Help Keep Your Record Clean

As students head back to college at NC State, Wake County will see a surge in underage drinking tickets and possession of marijuana charges.

Every year college students fill the parking lot at Carter-Finley Stadium in Raleigh without realizing that alcohol law enforcement agents are working undercover at the tailgate parties. If you are charged with possession/consumption of alcohol while under the age of 21 or possession of marijuana, call The Law Offices of Wiley Nickel, PLLC.

Let us help you save time and money -- we may be able to help you get the charge dismissed and expunged from your record with only one trip to court. Keeping your record clean will be essential as you plan and prepare for life after college.

If you are charged with alcohol or drug possession you may also receive notice of disciplinary action by the NC State Student Conduct Board. We can help you prevent negative consequences such as suspension or expulsion.

Call The Law Offices of Wiley Nickel, PLLC today for a free consultation with attorneys Kristi Haddock or Wiley Nickel at 919-585-1486, or e-mail Kristi Haddock directly at Kristi@wileynickel.com. Our office is conveniently located near Interstate 40 and Harrison Avenue in Cary, NC. We handle matters throughout Wake County, including in Apex, Raleigh, Holly Springs, and Knightdale. 

Comment

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.

Why The Law Offices of Wiley Nickel?

The Law Offices of Wiley Nickel is a law firm located in Cary, North Carolina, that represents clients in Wake County as well as the areas surrounding Raleigh. Our attorneys are dedicated to developing relationships with our clients and helping them arrive at solutions to their individual problems. We view the opportunity to help clients as a privilege and approach each client's case with the ultimate sensitivity and understanding.

Our law firm is highly skilled and dedicated to representing clients in the areas of family law, criminal defense, expungements and traffic citations. Our lawyers and staff are dedicated to providing clients with compassionate and informed legal assistance. We aim to create relationships with our clients so that they understand we not only care about their case, but also that we care about them individually. We welcome the opportunity to represent you in this confusing and difficult time.  We pride ourselves on being there to help our clients even after their case is finished.

We’re Still Here After the Case Ends

Our goal is to create lifelong relationships with our clients in order to provide committed and personalized services for their legal needs. Your choice of an attorney, who will guide and counsel you safely through your legal issues, will be one of the most important choices you make. We believe that an important part of our job is to reduce our clients' fears and anxieties by thoroughly explaining their rights, their options, and the financial and emotional implications of their cases. We believe it is important to have an attorney who sees the big picture and who is willing to give honest and straightforward advice on how to proceed, with the clients' best interests in the forefront.

Personal Attention from Attorney Wiley Nickel and Attorney Kristi Haddock

We treat you as a person, not a case number. We are a firm that focuses on giving you the best legal services possible, because that's what you deserve. We are a firm that returns phone calls and emails promptly, and gives clients the chance to speak with an attorney any time you want to. You call The Law Offices of Wiley Nickel, and you talk to an attorney. That is our promise to you. To give great service, it is important to know the client. Your case is about more than laws and rules — it is about your story. We listen carefully to your story and work with you to reach the best results for your situation. We know that if we treat you right and give you the personal attention you deserve you will be more satisfied with your experience with The Law Offices of Wiley Nickel.

Reasonable Wake County Fees

In today's economic downturn, it is almost impossible to pay the thousands of dollars that attorneys often want. The Law Offices of Wiley Nickel has reasonable, fair and competitive fees. Many times, we offer payment plans, and are willing to work with you on determining a fee you can afford. Contact our office now to learn more about how we can ensure that you are paying a fair and reasonable price for the high-quality service that you will receive from The Law Offices of Wiley Nickel.

Practical Information

We provide you with practical and helpful information. Our goal is to get your case successfully resolved. We will work with you to explain how your case and the law intersect. Our goal is to explain how we can best serve you in a manner that is clear and understandable.

Highest Level of Ethics

The Law Offices of Wiley Nickel will abide by the highest levels of ethics. The most important characteristic of a person or a business is its reputation. We believe our reputation has become what it is because we treat people the way we would want to be treated.  Please take a look at our Better Business Bureau (BBB) Page as well. 

Contact The Law Offices of Wiley Nickel for a Free Consultation

If you are charged with a crime or traffic citation please feel free to call Attorney Wiley Nickel or Attorney Kristi Haddock at 919-585-1486 for a free consultation.  Our office is located at 2401 Weston Parkway in Cary.  We are located by the Umstead Hotel and SAS campus just off the I-40 at the Harrison Avenue exit.  You can also reach attorney Wiley Nickel at wiley@wileynickel.com and attorney Kristi Haddock at kristi@wileynickel.com.

 

 

Comment

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.

Get your license back after multiple DWI Convictions in North Carolina

If you are convicted of a second North Carolina DWI within 3 years, you face a 4 year suspension of your driver’s license, as mandated by the Department of Motor Vehicles. However, after 2 years you qualify for a discretionary restoration hearing. The hearing process is quiet lengthy, and when your license is suspended every day counts!

First, ahead of your eligibility date (2 years since your conviction), you may request a “pre-hearing interview.” At this pre-hearing meeting you and your attorney will meet with DMV officer to review what is expected before the restoration hearing is scheduled.

After your pre-hearing interview, you will have a short 90 days to get an FBI background check, a substance abuse evaluation conducted by a certified evaluator who is on the recommended DMV list, get applicable criminal background checks and DMV records, and solidify at least 3 witnesses willing to testify at your restoration hearing.

Once the DMV officer receives all of the required paperwork, a hearing date will be set. At the hearing you must have at least 3 witnesses who will testify on your behalf.  These witnesses are very important to the process and need to be fully prepared for the questioning.

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 at 919-585-1486.  Our office is located in Cary, North Carolina.

Comment

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.

Hire an attorney before you are charged, and take control of your charges.

Were you involved in an altercation that you fear will lead to criminal charges? We can help you prevent criminal charges from being filed. At The Law Offices of Wiley Nickel, our criminal defense attorneys are here to help you regardless of the stage of your case. If a co-worker, neighbor or family member is threatening to press charges, we can help. If police officers have stopped by your home or work to question you, we can help.

When criminal charges are looming, you must act fast. We will call the local police department, or sheriff’s office to investigate the allegations against you. In some instances, we can prevent charges from ever being brought. If charges are filed against you, we can help control if and when you are arrested. There is nothing more embarrassing than being arrested at work, and nothing less convenient than being arrested in the middle of the night. Let us help you work with the police from the beginning to make your experience with the legal system as smooth as possible.

Call our attorneys, Wiley Nickel and Kristi Haddock, for a free consultation.

 

Comment

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.