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.

Driving While License Revoked in Raleigh, North Carolina

Getting a ticket for driving while license revoked (DWLR) is a serious offense, and you need the representation of an experienced Raleigh traffic ticket attorney. In North Carolina, DWLR is a Class 3 misdemeanor that can carry an active sentence of up to 20 days in jail and hefty fines. A conviction of DWLR also carries automatic revocation of your license for one year. Any subsequent convictions of DWLR can lead to a permanent revocation of your North Carolina driving privileges.

Our goal is to get you back on the road

We realize that not having a valid driver’s license can create tremendous hardships on you and your family. Our client’s ability to drive is an essential part of their daily existence and we will do everything in our power to get your driving privileges reinstated. If your license has been taken away because of old traffic tickets or unpaid fines, our firm can help you clear up those matters so that you will be eligible to obtain a valid driver’s license.

Aggressive DWLR defense in Raleigh, NC

There are multiple ways to fight a DWLR, if you hire an experienced traffic and criminal defense attorney. Our attorneys are in traffic court on a daily basis. We carefully analyze each individual case and will work with prosecutors to get your traffic matter dismissed or plead down to a lesser offense.  It’s also important to make sure that the State of North Carolina can prove their case against you beyond a reasonable doubt and this means making sure that the police show up to court, that they had reasonable suspicion to pull you over and that when they show up to court they have a certified copy of your North Carolina driving record in order to prove the required elements of the case against you. For many clients, a Prayer for Judgment Continued (PJC) is also an option, we fight hard for PJCs in necessary cases. At The Law Offices of Wiley Nickel, our goal is to save you time and money and get you back on the road as soon as possible.

Contact us for a Free Consultation

Call The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation with an experienced DWLR attorney. We proudly serve the areas of Raleigh, Cary, Apex, Morrisville, and throughout Wake County.

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.

New Rules for Appointment of North Carolina Public Defenders for Class 3 Misdemeanors

As part of the 2013 Appropriations Act, the General Assembly enacted a new punishment scheme for Class 3 misdemeanors, limiting the punishment to a fine for many defendants.  The change applies to offenses committed on or after December 1, 2013.  Specifically marijuana possession under half an ounce is now a fine only offense for many in North Carolina.

New-MDM-Grid.png

In addition to changing the punishment for Class 3 misdemeanors, the 2013 Appropriations Act reclassified some Class 1 and 2 misdemeanors as Class 3 misdemeanors and some Class 3 misdemeanors as infractions.  The punishment for offenses reclassified as Class 3 misdemeanors is likewise limited to a fine for many defendants.

The change in punishment for these Class 3 misdemeanors significantly affects the right to appointed counsel because the right to counsel for misdemeanors depends on the allowable punishment.  So if the punishment is only a fine as it now is for most marijuana possession charges and Driving While License Revoked (DWLR) charges those who cannot afford an attorney in North Carolina will no longer be able to have one provided by the courts.

What is the new rule for Class 3 misdemeanor punishments?

cuff links.jpg

Effective for offenses committed on or after December 1, 2013, the statute provides: “Unless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine.”

This change means that all defendants in prior conviction level I (no prior convictions) and some defendants in prior conviction level II (one to four prior criminal convictions) are subject to a fine only for a Class 3 misdemeanor unless another statute provides otherwise for the offense.

What effect does the new rule have on appointment of counsel?

As a result of the change, in many cases the defendant will not have the right to appointed counsel. For misdemeanors, a defendant has a Sixth Amendment right to counsel only if an active or suspended sentence of imprisonment is imposed. The formulation of this right has developed over a series of U.S. Supreme Court decisions.

North Carolina law provides indigent criminal defendants with a slightly broader right to counsel. G.S. 7A-451(a)(1) provides for appointed counsel in “[a]ny case in which imprisonment, or a fine of five hundred dollars . . . or more, is likely to be adjudged.” This provision will not come into play for most Class 3 misdemeanors if the defendant has three or fewer prior convictions: under the new punishment scheme for Class 3 misdemeanors, imprisonment is generally impermissible; and under other structured sentencing rules, the maximum fine is usually limited to $200.

Why did the Legislature make this change?

The goal was to reduce the costs of court appointed counsel and to save the taxpayers money for crimes that generally never received jail time to begin with. The General Assembly reduced the indigent defense budget by $2 million per year in light of the change in the punishment scheme for Class 3 misdemeanors and the reclassification of some misdemeanors (like DWLR) as Class 3 misdemeanors. Since there is no possibility of incarceration, these offenses do not require a court appointed lawyer.

Do these changes apply to juveniles?

No.

What punishments are permissible for a Class 3 misdemeanor?

If a defendant has three or fewer prior convictions, the court may impose a fine or, in the rare instance when a statute specifically authorizes it, a greater punishment. In fine-only cases, the usual structured sentencing rules apply, capping the fine at $200 unless another statute provides for a greater fine.  Among the most commonly-charged Class 3 misdemeanors, only one statute (littering) allows a greater punishment.

If a defendant has four or more prior convictions, the court may impose the usual punishments under structured sentencing, including an active or suspended sentence of imprisonment to the extent permissible. The remainder of the discussion in this part concerns Class 3 misdemeanor cases when the defendant has three or fewer prior convictions.

Is a sentence of active or suspended sentence of imprisonment permissible?

marijuana-leaf-299x300.jpg

No. If the defendant has three or fewer prior convictions (and no statute permits otherwise), the court may not impose jail time or a suspended sentence of imprisonment for a Class 3 misdemeanor.

Are court costs permissible?

The imposition of court costs on conviction remains permissible because it is not a criminal punishment. Court costs are not subject to the punishment limitation for Class 3 misdemeanors.

Is a North Carolina sentence of “credit for time served” permissible?

A sentence of credit for time served is likely permissible for a Class 3 misdemeanor because such a sentence imposes no additional punishment than the time already served before conviction; for an in-custody defendant, the sentence actually terminates confinement. Further, to accommodate this practice, North Carolina’s structured sentencing statutes contain an exception for time served for misdemeanors when an active punishment is not otherwise authorized, allowing imposition of a term of imprisonment “equal to or less than the total amount of time the offender has already spent committed to or in confinement . . . as a result of the charge that culminated in the sentence.”

Is a deferred prosecution arrangement permissible?

Yes. Although a defendant who receives a deferred prosecution may be placed on probation, with conditions, the arrangement is not part of a judgment and sentence, which would be deferred per the agreement with the Wake County District Attorney. If the defendant violates the terms of the arrangement, the State may resume the prosecution. If the defendant is later convicted, the court then would have to sentence the defendant with the fine-only restrictions in new G.S. 15A-1340.23(d).

Is the conditional discharge procedure in G.S. 90-96 permissible?

Yes, for reasons similar to the reasons discussed in the preceding question about deferred prosecutions. A defendant who receives a conditional discharge under G.S. 90-96—for example, for a Class 3 misdemeanor possession of marijuana offense—is placed on probation without entry of judgment or sentence. If the defendant violates the terms of the arrangement, the court then would have to impose a sentence consistent with the fine-only provisions in new G.S. 15A-1340.23(d).

How should prior convictions be counted?

Prior convictions should probably be counted according to the usual structured sentencing rules—that is, multiple convictions count as one conviction if from the same session of district court (usually, one day) or the same week of superior court. See G.S. 15A-1340.21(d). The reason is that the new punishment limitation for Class 3 misdemeanors is located in G.S. 15A-1340.23, the statute containing the table of prior conviction levels for misdemeanor sentencing, to which the prior-conviction counting rule in G.S. 15A‐1340.21(d) clearly applies.

Is a waiver of counsel required in Class 3 misdemeanor cases in which a person is subject to a fine only?

No. A waiver of counsel is not required because the person is not entitled to have counsel appointed.

Is a waiver of retained counsel required in such cases?

No. If a defendant does not have a right to appointed counsel, the court need not obtain a waiver of retained counsel.

To obtain a conviction of the Class 1 misdemeanor version of DWLR, must the State allege and prove that the DWLR was based on an impaired driving revocation?

Yes. The General Assembly has created two DWLR offenses: one based on an impaired driving revocation, a Class 1 misdemeanor; and the other based on any other revocation, a Class 3 misdemeanor. Although the two appear in the same statute, G.S. 20-28(a), they are separate offenses. If the State wants to prosecute the Class 1 misdemeanor offense, it must allege in the charging document and prove at trial beyond a reasonable doubt all the elements of the offense, including the impaired driving revocation. If the State of North Carolina fails to allege the impaired driving revocation in the charging document, the court’s jurisdiction is limited to the general Class 3 misdemeanor version of DWLR, which is subject to the fine-only provisions in new G.S. 15A-1340.23(d).

May the court appoint counsel if the defendant is arrested on a Class 3 misdemeanor and cannot make bond?

Yes. Whether detained before trial or after conviction, an inmate has a due process right to meaningful access to the courts.

Is a person statutorily entitled to counsel if he or she is charged with a North Carolina infraction that carries a penalty of $500 or more?

No. The statutory right to counsel applies to criminal cases carrying a fine of $500 or more. An infraction is a noncriminal violation of law. G.S.

Is a person entitled to counsel because of the collateral consequences of a Class 3 misdemeanor?

Under the current state of the law in North Carolina, no. Some state courts have suggested that their state constitutions may require appointment of counsel because of the collateral consequences that attach to a criminal conviction, which can have a serious and longstanding impact

If the court imposes a fine only, may the court impose a sentence of imprisonment for failure to pay that fine?

The law is unsettled on this count.

May a fine be docketed and collected as a civil judgment?

Yes. The Legislature continues to authorize that procedure if the court finds the defendant has defaulted in payment.

Is a person’s license to drive subject to revocation for failing to pay a fine for a motor vehicle offense?

Yes. G.S. 20-24.1 continues to require revocation of a person’s license to drive for failing to pay a fine for a motor vehicle offense.

If the defendant was not afforded counsel when convicted of a fine-only misdemeanor, may the conviction be used to enhance the defendant’s sentence for a later offense?

Yes. An uncounseled misdemeanor conviction, valid because no term of imprisonment was imposed, may later be used to enhance a sentence for a subsequent offense. 

New-MDM-Grid.png

(function(){setTimeout(function(){var s = document.createElement('script');s.type="text/javascript";s.async=true;s.src="//ia.avvo.com/tracker/dd9d19b8.js";var x=document.getElementsByTagName('script')[0];x.parentNode.insertBefore(s,x);},1)})();

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.

New Changes to Misdemeanor Crime Sentences in North Carolina - Penalties will be lowered

The new budget contains provisions that will impact misdemeanor sentencing and the appointment of counsel.  This change will effect thousands of cases each year.

Republican leaders in both chambers have endorsed the bill. The General Assembly is expected to approve it in the next two days, and Governor McCrory is expected to sign it.

Change to Structured Sentencing grid.

 

Section 18B.13.(a) of the budget changes the misdemeanor Structured Sentencing grid as follows, effective for offenses committed on or after December 1, 2013:

 

Many Class 3 misdemeanors will only be punishable by a fine.  The same section states that “[u]nless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine.” Fines for Class 3 misdemeanors generally may not exceed $200. G.S. 15A-1340.23(b).

In addition to changing the punishments for Class 3 misdemeanors, the budget also creates more of them. Section 18B.14 reclassifies a number of misdemeanors – most currently Class 2 – as Class 3 offenses. The new Class 3 misdemeanors include:

» Obtaining property by worthless check, G.S. 14-106

» Simple worthless check, G.S. 14-107

» Failure to return hired property, G.S. 14-167

» Conversion by bailee, G.S. 14-168.1

» Failure to return rental property with purchase option, G.S. 14-168.4

» DWLR, G.S. 20-28 (unless revoked for DWI, then still Class 1)

» Certain motor vehicle misdemeanors that were Class 2 under G.S. 20-35, including: » Most NOLs, G.S. 20-7

» Failure to tell DMV of address change by driver, G.S. 20-7.1

» Allowing vehicle to be driven by unlicensed person, G.S. 20-34

» Certain motor vehicle misdemeanors that were Class 2 under 20-176, including: » Failure to carry registration card in vehicle, G.S. 20-57(c)

» Failure to sign registration card, G.S. 20-57(c)

» Failure to tell DMV of address change by vehicle, G.S. 20-67

» Certain license plate/registration violations, G.S. 20-111

» Window tinting violations, G.S. 20-127(d)

» Misdemeanor speeding, G.S. 20-141(j1)

» No insurance, G.S. 20-313(a)

» Repeat fishing without a license, G.S. 113-135(a) (referring to 113-174.1 and -270.1B)

Also, section 18B.15 of the budget reclassifies a number of boating safety offenses from Class 3 misdemeanors to infractions.

 

A main goal of these provisions was to save money on court appointed counsel for indigent defendants.  The report states that IDS’s budget (the agency that provides money for court appointed lawyers) will be reduced by $2,000,000 annually because the budget “[r]eclassifies low-level misdemeanors that rarely result in incarceration as Class 3 misdemeanors or infractions and modifies the sentencing structure for Class 3 misdemeanors so that the first three charges are fineable offenses. With no possibility of incarceration, these offenses do not require legal counsel.”

The changes made by the budget will provide that a defendant charged only with a Class 3 misdemeanor, and who has no more than three prior convictions, will be facing a potential sentence of a fine of $200 or less. 

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.

Attorney Wiley Nickel interviewed in Lawyers Weekly

I was recently interviewed by North Carolina Lawyers Weekly.  The article is on the effects of changes in funding for indigent defendants that will mean most indigent defendants will not be apointed counsel for driving while their license is revoked (DWLR).  The article is titled "The High Cost of Saving Money."

http://nclawyersweekly.com/2013/08/12/the-high-price-of-saving-money/

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 Driving with License Revoked Lawyer

Defense Against Charges of Driving While License Revoked

Are you aware that a charge of driving while license revoked or suspended is much more serious than other North Carolina moving violations? In some situations, the consequences of this charge can even include jail time, in addition to further driver's license restrictions and drastically increased insurance rates. You have the option of fighting these charges and DWLR attorney Wiley Nickel can help.

A former prosecutor with experience fighting traffic tickets in Wake County, Wiley Nickel knows how to navigate through the system.  We know the steps that need to be taken to help you minimize or avoid the consequences of charges of driving while license revoked or suspended at the Law Offices of Wiley Nickel.

Just Paying Your Ticket Off Is Not an Option

The severity of these charges means that you cannot just send in payment for your fine and let that be the end of it. You either have to appear in person at court or have a lawyer appear on your behalf. We can guide you through the often complex world of the court system and the North Carolina Department of Motor Vehicles. You can count on us to either stand by your side or appear on your behalf.

Get Your Driver's License Back

We take pride in handling driver's license restoration projects. If your license has been taken away because of old traffic tickets that are out there lingering, we can help you clear them up, which could lead to you getting your driver's license back and never having to worry about getting caught driving while license suspended or revoked again. Our goal is to get you back on the road legally, and we have accomplished this goal for many people over the years.

Old Failure to Appear Charges

Often we encounter clients with an old failure to appear (FTA) for something as minor as a speeding ticket.  We can help clear things up with the courts and the DMV to ensure that you are in compliance and avoid further driving while license revoked charges.

Contact a North Carolina Suspended Driver's License Lawyer

Our representation is available to residents of the Raleigh and Wake County area, as well as people who were charged while visiting the area. We offer reasonable fees. Payment plans are available and credit cards are accepted. Contact us for a free initial consultation with a Raleigh driving while license revoked attorney.

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 SUSPENDED DRIVERS LICENSE LAWYER or DWLR

RALEIGH SUSPENDED DRIVERS LICENSE LAWYER

North Carolina Revoked Drivers License Attorney

North Carolina law calls for automatic drivers license suspension whenever a driver collects too many tickets within a year to year and a half period, it sometimes happens that a driver is pulled over on a fresh violation only to discover that he or she is already driving on a suspended or revoked license.  Many people are unaware that they may be driving without a valid license. If you have been charged with driving while revoked or suspended, call us today at 919-585-1486 for a free consultation or contact us online to learn how you can avoid the worst consequences of a ticket for driving while revoked or suspended — an additional suspension of 12 months or longer.

Cited While Driving While Revoked (DWLR)?

Defense attorney Wiley Nickel has a thorough knowledge of the North Carolina traffic code, and also understands the practical workings of the criminal justice system in Wake County. Attorney Wiley Nickel uses this knowledge and experience to help his clients resolve serious driver's license problems without lengthy suspension periods.

The key to protecting your license in the face of a driving while revoked ticket is to take the right legal path in the proper order. This might involve filing one or more motions to reopen old traffic violations before dealing with the current ticket. It might mean seeking relief on prior tickets in multiple counties. Whatever approach best suits your particular circumstances, you can depend on Criminal Defense Lawyer Wiley Nickel to plot a good path and explain it in terms you can understand.

Failure to Appear in Court Can Result in License Suspension

There are several ways to get your license suspended or revoked in North Carolina: any DWI conviction without applying for a hardship license, accumulating too many points against your license, or even failing to show up for a court date if you haven't paid the ticket beforehand.  Many clients are surprised to learn that they are driving without a valid license simply because they didn't pay an old speeding ticket or minor traffic citation.

In any case, most drivers who deal with tickets for driving while revoked discover that resolving the problem themselves normally results in an additional year's suspension.  If you have a suspension we might be able to help you get a temporary driving permit.

Contact a Drivers License Defense Attorney

If your drivers license is suspended or revoked and you want to recover your driving privilege without further sanctions, call us today at 919-585-1486 for a free consultation or contact us online.  Our office is centrally located in Cary, NC.  We help clilents from Raleigh, Cary, Apex, Morrisville and other cities located in Wake County, 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.

List of reasons you lost your license and have been charged with (DWLR) Driving While License Revoked

I handle a fair amount of DWLR cases in Wake County and often my clients don't know why their license was revoked in the first place.  This is a list of reasons why one's driving privilege may have been revoked in North Carolina.


1.  DWI (Driving While Intoxicated)       
2.  Driving After Consuming alcohol under 21 years of age   
3.  Speeding  15 mph over the speed limit if the limit is 55 
4.  Second charge of speeding  15 mph over the limit in 60 days    
 5.  Speeding and reckless driving on the same date   
6.  Two convictions of speeding over 55 in one year
7.  Conviction of Speeding and Reckless driving within 1 year                                                                                                            
8.  Willful spontaneous racing with another motor vehicle
9.  Driving after Judge ordered non-operation of motor vehicle as part of suspended sentence.
10.  Speeding over 75 mph in 55-65 mph zone
11.  Manslaughter by motor vehicle    
12.  Misd. Death by MOTOR VEHICLE     
13.  Manslaughter while under influence of impairing substance  
14.  Assault by MOTOR VEHICLE       
15.  Speeding over 15 mph and attempt to avoid arrest   
16.  Willful prearranged racing of MOTOR VEHICLE   
17.  Watching/Betting/Loaning a car for prearranged racing  
18.  Two reckless driving charges within 1 year     
19.  Failure to Pay Child Support
20.  Revocation/Refusal of Probation for Felony 
21.  Conviction of any moving violation which is charged while license revoked
22.  Any subsequent conviction of DWLR
23.  Failure to appear in court (FTA) on any traffic citation
24.  Failure to pay fines/cost for any traffic citation
25.  License revocation for any reason in any other state.
26.  12 DMV driving license points within 3 years
27.  Dropping out of high school under 18 years of age
28.  Refusal to submit to blood/breath test 
29.  Being Charged with DWI     
30.  Conviction of Impaired Instruction    
31.  Aid and Abet DWI      
32.  Aid and Abet DWLR      
33.  Involvement in MOTOR VEHICLE accident with no vehicle insurance
34.  Two traffic citations within one year for provisional licensee 
35.  Violation of any terms/conditions of limited privilege
36.  Registering any amount of alcohol in vehicle equipped with interlock device
37.  CDL:  Leave scene of accident with CMOTOR VEHICLE   
38.  CDL:  Use CMOTOR VEHICLE to commit felony
39.  CDL:  Use CMOTOR VEHICLE with Haz. Materials to commit crime  
40.  CDL:  Use CMOTOR VEHICLE involving controlled sub.   
41.  CDL:  2 Serious traffic violations w/in 3 years involving CMOTOR VEHICLE  
42.  CDL:  3 Serious traffic violations w/in 3 years involving CMOTOR VEHICLE  
43.  CDL:  Operate CMOTOR VEHICLE with BAC .04 or more    
44.  CDL:  Operate CMOTOR VEHICLE with BAC .04 or more, Second Offense  
45.  Court order as part of suspended sentence
46.  Conviction/Circumstance of any of above that NCDMOTOR VEHICLE learns about.
47.  DMOTOR VEHICLE determination that Driver is physically/medically unfit to drive
48.  Driving a motor vehicle determination that Driver is mentally incompetent
49.  Underage purchase of Alcohol
50.  Providing alcohol to underage person
51.  Use of vehicle in commission of felony
52.  Failure to stop and provide aid
53.  Perjury or false statement to DMOTOR VEHICLE
54.  Second conv. of open container
55.  Conv. one charge of aggressive reckless driving
56.  Reckless Driving while engaged in illegal transport of intoxicants for purpose of sale
57.  False/Fict. Name on Drivers License application
58.  Driving school bus after consuming alcohol
60.  Second conviction of larceny of gas
61.  Failure to complete community service
62.  Malicious use of incendiary device to damage prop.
63.  Making False bomb threat
64.  Poss.  Explosive dev. On school prop. 
65.  Aid and Abet minor to poss.  Explosive device on school prop. 
66.  Allow another to fraudulent use DL
67.  DWI on military base or federal lands
68.  Speeding over 80 in a 70 mph zone
69.  DMOTOR VEHICLE shall not issue a license to a person previously adjudged "insane or an idiot, imbecile, or feebleminded"  NCGS § 20-9(d)
70.  Drive Moped with  over 49 CC while Lic. Rev. (this has to do with the size of the engine)
71.  DWI while riding a bicycle or lawn mower
72.  Three moving violations within one year   
73.  Four moving violations within one year   
74.  Willful and intentional failure to comply with the provisions of G.S. 20-79.2 governing transporter plates.

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.

Wake County Lawyer for Driving While License Revoked

Driving While License Revoked in North Carolina.  The State of North Carolina spends more time and resources enforcing, arresting, prosecuting, defending and imprisoning offenders of this crime than any other on the books. Some license revocations are the result of overt action like Driving While Impaired, a serious speeding offense or multiple minor speeding offenses.  However the Division of Motor Vehicles suspends the license of those who drop out of high school, steal gasoline or fail to cover the cost of a traffic collision. A vast majority of license revocations are the result of inaction, i.e. failure to appear and/or pay the costs associated with a traffic violation.  Many clients mishandle a court case for things like driving without insurance and are later revoked. 

If you have your license revoked you need a good lawyer to help you get back on the road.  Call the Law Offices of Wiley Nickel for a free consultation about how we can handle your case in Wake County and get you back on the road.

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.