Raleigh Traffic & Speeding Ticket Lawyers

Raleigh Traffic & Speeding Ticket Lawyers

It’s not “just” a speeding ticket, and it’s far more than a reckless driving ticket – traffic tickets can mean thousands of dollars in increased insurance costs. While a single traffic ticket can raise your insurance rates and make you a target for police, several traffic violations will change your life dramatically.

In North Carolina, traffic offenses can encompass many kinds of violations. Convictions for speeding, reckless driving, illegal turns, driving without a valid license, leaving the scene of an accident, running a red light and other offenses can mean higher insurance rates, points against your driver’s license, fines, loss of driving privileges and other penalties. If you’ve been charged with a traffic violation, don’t discount it as a minor inconvenience. You need the advice of an experienced Raleigh traffic & speeding ticket attorney at The Law Offices of Wiley Nickel, PLLC.

Consequences of North Carolina Traffic Tickets

What can happen if you’re arrested for a traffic violation? Although many people imagine that they might just pay a ticket and be done with an offense, it often isn’t that simple. Of course, North Carolina traffic penalties vary with violations, but some of the consequences you could face include:

-          Driver’s license points/DMV Points

-          Increased insurance rates/increased insurance premiums

-          Mandatory driver safety courses (4 and 8 hours)

-          Community service

-          Jail sentences

-          Driver’s license suspension or revocation

-          Payment of fines/Payment of court costs

-          Payment of restitution

The Law Offices of Wiley Nickel – Reputable Raleigh Traffic Ticket Attorneys

Getting a traffic ticket in North Carolina can be a serious ordeal. Not only will it affect your driving record, but it will also impact your wallet. In addition to fines and court costs, insurance companies have their own points systems, separate from the DMV point system. So your insurance rates could skyrocket for common violations like speeding.

If you want to lessen the impact of a traffic violation, contact the Raleigh traffic ticket attorneys at The Law Offices of Wiley Nickel. We have successfully handled cases involving everything from speeding tickets to DWI/DUI to DWLR.

Call 919-585-1486 or use the convenient online form at the right of the page to submit your information, and we will contact you right away for a free consultation.  Our office is located in Cary, NC and we handle traffic ticket cases in Wake County and Chatham County, North Carolina.

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Wiley Nickel

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

Raleigh Marijuana Possession Attorney

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Protecting Those Charged With Pot Related Crimes – North Carolina Cannabis Possession Lawyers

The trend in many states is toward decriminalizing marijuana possession and other pot related crimes through laws that have legalized medical marijuana. Two states recently have even legalized cannabis for personal use. Despite this liberalization of marijuana laws throughout the U.S., North Carolina has not joined in this movement to fully decriminalize marijuana. If you are arrested for marijuana possession in Raleigh or throughout North Carolina, you can face very serious penalties. Under North Carolina law, possession of any quantity of marijuana is still a criminal offense within the state.

Severe Consequences of a Weed Possession Conviction in North Carolina

The severity of penalties for pot possession is based on the quantity of the drug in your possession when you are arrested. While it is natural to be anxious if you face punishment for possession of pot, this criminal statutes only tells part of the story because there are many other consequences and penalties that may flow from a criminal conviction if you are arrested with marijuana including:

    Community service

    Drug classes

    Public record of a misdemeanor or felony conviction

    Probation

    Loss of certain constitutional rights for felony convictions (i.e. voting and gun ownership)

Even these other formal consequences that flow from a marijuana possession conviction do not provide a complete picture of how one’s life may be affected by a conviction for a pot possession crime. The criminal record you receive can haunt you for years and impact many aspects of your life including employment opportunities, security clearance access, qualification for professional and certain occupational licensing, immigration consequences like removal, denial of student loans and other adverse effects.

If you are facing criminal charges because you were arrested with weed, our experienced North Carolina marijuana possession lawyers may also employ a range of other defense strategies depending on the specific facts of your case, which include the following:

Attacking Evidence of “Possession”: Even if you were arrested with the drugs in your jacket pocket, office, vehicle or close proximity to your person, this does not mean that the drugs did not belong to someone else. We may be able to provide evidence that others had access to where the cannabis was discovered and argue that you did not know that the drugs were present.

Fourth Amendment Challenges to Searches: There are many reasons that a search may be improper based on violations of Fourth Amendment protections. The police may conduct a search without a warrant based on a claimed exception to the warrant requirement that is not justified by the facts. The officers may claim that they did not have time to obtain a warrant because it might have resulted in the destruction of evidence. If the officers have already secured the scene when conducting the search, the claim of “exigent circumstances” may be attacked because there is no longer a basis to claim that the risk of the loss of evidence exists.

Anyone arrested for cannabis offenses in Raleigh or the surrounding areas should immediately speak with a Raleigh cannabis possession attorney. We offer a confidential consultation that is free of charge so that we can evaluate your case and suggest potential defense strategies. Please contact the Law offices of Wiley Nickel, PLLC at 919-585-1486 or email us so that we can start defending your freedom and reputation.  We can also discuss the North Carolina expungement process when you call.

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Wiley Nickel

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

How do I get my case dismissed?

Raleigh Law Firm

How do I get my case dismissed in Wake County?

The first question for many people looking for a Raleigh criminal defense lawyer is “How do I get my case dismissed?” The goal for most people who enter the Wake County courthouse for the first time is (1) a dismissal and (2) an expungement of all public records.

Our first question for potential clients revolves around guilt or innocence. We are an aggressive criminal defense law firm and exercise all legal options for our clients. When your future and reputation are at stake, an experienced Raleigh Attorney makes your rights a priority. We will walk you through your legal options and talk about how a trial will work. In cases where the evidence is on our side the Wake County District Attorney’s Office can agree to dismiss a case ahead of trail.

In other cases there are different deals that involve a dismissal in exchange for doing something. In some cases it could mean a deal for community service for a dismissal. In other cases it could mean doing alcohol/drug classes as part of a deal for a dismissal. Those first offender deals usually range from 6-12 months and involve a dismissal and then an expungement for our clients when they stay out of trouble, pay the costs and do the required action.

The law now allows for unlimited dismissal and not guilty expungements for most people in North Carolina. So if the case results in a dismissal or a not guilty verdict then it’s likely that an expungement is an immediate option. The only real prohibition against dismissal and not guilty expungements involves clients who have active criminal cases or a prior felony conviction. So if you don’t have a felony conviction on your record or an active criminal case you’re likely eligible for an expungement of the charges as soon as the case is dismissed. The first step in figuring out how you may be able to get your case dismissed involves calling a Raleigh Defense Attorney today.

Call 1 (919) 585-1486 to make an appointment to speak with our Raleigh Criminal Defense Law Firm, or stop by the office during regular business hours.  We will schedule an appointment at any time based on your schedule and offer free initial consultations.

We serve Wake County, North Carolina including Raleigh, Cary, Morrisville, Apex, Garner, Fuquay Varina and other surrounding cities in the Research Triangle.  We you need an aggressive Raleigh Defense Attorney call The Law Offices of Wiley Nickel, PLLC.

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Wiley Nickel

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

Cary Criminal Defense Attorney

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Cary Criminal Defense Attorney – Free Case Review

If you have been charged with a crime, you need the peace of mind that your Cary criminal defense attorney has what it takes to preserve your freedom.

Wiley Nickel is a trusted veteran of the Wake County Courts, with the experience that matters in fighting for the rights of the accused.

Mr. Nickel is known for his thorough attention to detail and the skillful defenses he brings to the Courtroom. As he builds and defends a case, Mr. Nickel and his staff proactively work to keep their clients apprised of their rights and options, helping to put their minds at ease during this anxious time.

Nobody ever plans on winding up in a courtroom. It can be frightening to find yourself facing criminal charges, and it can be disruptive to your day-to-day life. However, when you work with Cary criminal defense attorney Wiley Nickel, you gain the benefit of an attorney you know will protect your future rights and freedoms.

Wiley Nickel earned his Juris Doctorate from Pepperdine University School of Law in 2005.  Mr. Nickel has handled thousands of cases: Everything from misdemeanor drug crimes to DWI trials.

It’s your criminal defense attorney’s job to put his expertise to work for you, and Mr. Nickel has earned a reputation as an aggressive, skilled and talented attorney. In fact, he has been recognized numerous times as one of the top defense attorneys in Cary.

This Practice Does Not Discriminate

Being accused of a crime is stressful, and it can trickle into your personal and professional life. Acquaintances can distance themselves, and the accusations against you can lead to professional consequences. The Law Offices of Wiley Nickel, PLLC does not discriminate. Mr. Nickel defends both misdemeanor and felony charges, including charges like:

DWI (Driving While Intoxicated)

Domestic Violence

Assault on a Female

Larceny/Theft Crimes

Shoplifting

DWLR

Drug Crimes

Marijuana Possession

Speeding Tickets

Expungements

 Contact The Law Offices of Wiley Nickel today for a Free Consultation

The scope of Mr. Nickel’s practice encompasses all ranges of crimes prosecuted by the State of North Carolina. He is also skilled at defending crimes like embezzlement, felony larceny and felony assault.

No matter what your background, circumstances or situation might be, Mr. Nickel and Cary defense attorneys Kristi Haddock and Melissa Botiglione are prepared to defend your case. At the Law Offices of Wiley Nickel, PLLC, you will find a welcoming staff ready to assist you. Our office is located in Cary, NC.  You can reach us at 919-585-1486 any time for a free consultation.  The answering service will always answer the phone and contact us if time is of the essence for a quick response after hours or on the weekend.

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Wiley Nickel

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

Drug Possession Lawyer in Raleigh NC

Raleigh Drug Crimes Lawyer

Drug Possession Lawyer in Raleigh North Carolina

Not every criminal defense attorney is an experienced drug defense lawyer. If you or a loved one needs a criminal defense lawyer, we are here to help with legal representation. It doesn't matter if it’s a felony or misdemeanor. Drug possession charges in North Carolina are serious charges and require careful consideration. The goal for most clients is a dismissal and then an expungement to clear your reputation.

Possession of drugs like cocaine, marijuana, and even prescription medications such as OxyContin, oxycodone, or opioids could result in active prison terms. For many first offenders it’s possible to avoid jail time or in some cases to avoid a conviction by completing a first offenders program.

That's why it makes sense to call a law office and defense lawyers in Raleigh NC who have courtroom experience. There is just too much at stake not to carefully consider your legal options when asking, "How can a criminal defense lawyer help?"

North Carolina Drug Laws

To see the list of potential North Carolina drug laws, in the order of least severe to most severe (for potential jail time and North Carolina drug penalties), these are the names of those drug crimes:

Simple Possession of Marijuana - less than ½ ounce

Misdemeanor Possession of Marijuana - more than ½ ounce

Misdemeanor Possession of Drug Paraphernalia - Marijuana

Felony Possession of Marijuana - 1.5 ounce to 10 pounds

Felony Possession of Marijuana with Intent to Sell or Distribute

Felony Sale or Delivery of Marijuana

Felony Cultivation of Marijuana

Trafficking Marijuana

Simple possession of marijuana is one of the more common minor drug charges in North Carolina. It is a misdemeanor drug offense and for many it’s a fine only offense.  The real danger for minor drug charges is a conviction that can follow you around and close doors for possible jobs in the future.

It is important to note that alcohol is also a drug, and there are a lot of possession of alcohol offenses in North Carolina. There are other criminal offenses in North Carolina for underage possession of alcohol, sale of alcohol to underage persons, and purchase of alcohol by underage persons (18B-302).

The alcohol laws in North Carolina also prohibit things like:

Giving alcoholic beverages to minors

The purchase, attempt to purchase, or possession of malt beverages or unfortified wine

Purchasing, attempting to purchase, or possession of fortified wine, spirituous liquor, or mixed beverages

Aiding and abetting underage persons

Fraudulent use of identification or fake ID

Allowing use of false identification

If you are charged with possession of drugs or alcohol contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  We can be reached 24/7 at 919-585-1486 and offer free consultations for drug charges.  We will also talk with you about possible options for an expungement.  Our office is located in Cary, NC and we handle Wake County criminal defense matters.

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Wiley Nickel

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

Raleigh Domestic Violence Attorneys

Raleigh Domestic Violence Attorneys

Wake County Domestic Violence Attorneys

Raleigh domestic violence lawyer Wiley Nickel advises and represents people facing criminal charges for domestic violence often described as spousal abuse, spousal battery or domestic dispute, such charges do not always reflect a case between married people but include those living in the same location (cohabitation), or sometimes just engaged in a dating relationship.  Such cases can also lead to violation of a domestic violence protective order or DVPO.

Domestic Violence Attorney Raleigh

Domestic Violence Attorneys Raleigh

As a former prosecutor, Raleigh domestic violence attorney Wiley Nickel offers a comprehensive understanding of the criminal justice system. He understands the right steps to take in developing an aggressive defense strategy focused on securing a dismissal or minimizing any potential penalties associated with a conviction.

Domestic Violence Attorneys Raleigh

Raleigh Domestic Violence Lawyer

Domestic Violence cases have become extremely political and are regularly treated as “guilty until proven innocent.”   Even with minor cases, that do not involve a documented injury, proactive and rapid action by a caring defense attorney may be the key to not only avoiding a damaging no contact order, but may play a significant role in custody issues and an eventual resolution in the case that does not result in the loss of firearms, tragic orders separating you from your family and other consequences that can interfere with work, school and life.

Speak to a Raleigh Domestic Violence Lawyer Today!

For a free initial consultation about your legal options for resolving a misdemeanor or felony domestic violence assault charge, contact Attorney Wiley Nickel in Cary today. Contact us online or call 919-585-1486 for your free case evaluation with our Raleigh domestic violence attorneys.

Wiley Nickel – Domestic Violence Attorney Raleigh

At the Law Offices of Wiley Nickel, we are committed to helping you achieve a resolution to your immediate problems, while seeking opportunities to improve the troubled family dynamics that might underlie it.

Domestic Violence Attorney Raleigh

In domestic violence cases, the district attorney and the judge will be especially interested in what you’re willing to do to improve relationships, conflict resolution skills, and anger management. Your demonstration toward positive change will often make the difference in a good or bad outcome for your case.

We work closely with people charged with domestic assault, assault and battery or assault on a female to obtain a dismissal, diversion to counseling/anger management or some other type of deal that ultimately leads to a dismissal. – Domestic Violence Attorneys Raleigh

Defense Against Domestic Violence Charges Raleigh

Our creative approach to difficult criminal defense problems can help you avoid the consequences of a conviction in situations such as the following:

Family violence or assault between spouses, unmarried parents, or cohabiting couples

Elder abuse

Child abuse, cruelty to a child, or child endangerment

Restraining order violations

Criminal threats

Assault on a Female

Harassment or stalking

Our ability to connect you with the programs and services that are right for your circumstances can give you an extra layer of legal protection. At the same time, we work hard to help you get the most out of the presumption of innocence that stands between you and a conviction. If you are looking for Domestic Violence Attorneys in Raleigh please Click Here.

Contact Us

We also keep in mind the additional risks that licensed professionals, immigrants and university students might face when they’re charged with domestic violence offenses in North Carolina. We handle Domestic Violence and Assault cases in Wake County North Carolina. To learn more about our ability to protect your interests, contact the Law Offices of Wiley Nickel, PLLC in Cary; Contact us online or call 919-585-1486 for a free consultation today.

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Wiley Nickel

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

A DWI Charge Does Not Mean You’re Guilty. When Your Future Is At Stake An Experience DWI Attorney Makes Your Rights A Priority

Raleigh DWI Lawyer

Driving while impaired (DWI) is the official criminal charge for people accused of driving under the influence (DUI) in Wake County North Carolina. Regardless of its name, a DWI is a serious offense that could ruin your career and your personal life.  North Carolina laws do not allow for expungement of DWI convictions so a conviction cannot be removed from your record. With penalties including steep fines, the loss of your driver’s license, massive insurance hikes, long periods of probation, and even the possibility of time behind bars, the mistake people usually make when facing a DWI in North Carolina is taking the situation too lightly or casually accepting a guilty plea without consulting an experienced DWI attorney about the North Carolina DWI/criminal justice process.

You may believe that it’s in your best interest to cooperate with the Wake County District Attorney’s Office because you may think you’re guilty just by being charged, but the truth is that you need to look out for yourself. By working with a highly-skilled Raleigh DWI lawyer, you can ensure your case is appropriately handled and you get the best possible outcome for your Raleigh DWI. This could mean a complete dismissal of the charge, an acquittal, or reducing the offense to something more consistent with the facts.

At The Law Offices of Wiley Nickel, PLLC, our criminal defense lawyers realize that dealing with a DWI is frightening and extremely stressful, but you don’t need to go through it alone. Our DWI attorneys have assisted countless individuals when DWI charges put their futures at risk. We know what it takes to fight back and to win.

To learn more about how our Raleigh DWI lawyers can help with your DWI case, call us right away at (919) 585-1486 or contact us through our online form to schedule a free and confidential consultation.  Our office is located in Cary, NC and we’re available to talk during the weekend and after hours.  The answering service can always reach one of our three DWI lawyers at the law firm.

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Wiley Nickel

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

North Carolina will "Raise the Age" on December 1, 2019

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“Raise the Age” finally goes into effect next December!

North Carolina law will finally treat 16 and 17 year olds as juveniles for criminal purposes on December 1, 2019.  We are currently the ONLY state in the country to treat 16 and 17 year olds as adults for criminal purposes.  As a result, most 16 and 17-year-olds will be prosecuted in juvenile court beginning December 1, 2019. There are, however, some exceptions. Here’s what you should know about these big new Raise the Age changes to our law.

The Juvenile Age Will Increase

A “delinquent juvenile,” as defined by G.S. 7B-1501(7), will include 16 and 17-year-olds who commit crimes or infractions but that excludes violations of the motor vehicle laws. Some 16 and 17-year-olds will continue to be prosecuted in adult court for traffic offenses. Also, once a juvenile has been convicted of any offense in either district or superior court, including a violation of the motor vehicle laws, the juvenile will be prosecuted as an adult for all of his/her later offenses. So any 16 and 17 year olds who already have an adult conviction when “Raise the Age” becomes law in December 2019 will not be included.  Minor traffic tickets should not qualify but the law is currently unclear on this.  I expect the law to be amended to make that clear by December 2019.

Maximum Age of Juvenile Court Jurisdiction

The juvenile court’s jurisdiction will continue until age 19 for offenses committed by 16-year-olds, and to age 20 for offenses committed by 17-year-olds.

Relief for 16 and 17 year old children in North Carolina

This is a very important change to our law. Now 16 and 17 year olds will join those in all other 49 states and have any minor charges dealt with outside of the view of the public in juvenile court. This will help teenagers avoid a public record for committing a small misdemeanor charge.  In terms of college applications it will help juveniles become more competitive with other states where there are no public records for juvenile offenses.

Contact a Wake County Juvenile Criminal Defense Lawyer Today

If you are 14, 15, 16 or 17 and are charged with an adult crime or a juvenile crime contact us today. We handle juvenile cases as well as adult cases. When the law changes we will defend juveniles in the juvenile court system for any cases with 16 and 17 year olds charged with a crime. We are also hopeful that North Carolina prosecutors will take the coming change of law into effect when dealing with current cases for 16 and 17 year old juveniles between now and December 1, 2019.  If you are 16 or 17 and are charged with a crime contact The Law Offices of Wiley Nickel for a free consultation at 919-585-1486.

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Wiley Nickel

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

Assault Charge Lawyer in Raleigh, NC

Wiley Nickel Assault Charge Lawyer Raleigh

In North Carolina assaults are viewed as serious violent crimes. You do not have to physically touch someone to be charged with assault in Raleigh, North Carolina, and even found guilty. If you are facing the possibility of a criminal record for assault or time in prison, you need the best possible Wake County assault charge lawyer on your side who can help to get the best outcome for you.

Even if you were just defending yourself in a brawl, you might have let your anger take over. Whatever the case may be and whatever the situation was, your side of the story must be heard, and everyone deserves fair treatment under the law in North Carolina. An assault charge lawyer in Raleigh, NC will work to defend your rights.

Laws and Penalties Regarding Assault in Raleigh, North Carolina

There are many different classifications and levels of assault in North Carolina. A great deal of the distinction involves who was hurt, how severely they were hurt, and what happened.

Misdemeanor Assault

If an assault occurs that is not considered as one of the more serious types of assault under North Carolina law, it is typically classed as a Class 1 misdemeanor. Such assaults usually include verbal assaults, fights, and minor physical contact.

A Class 1 misdemeanor is punishable by up to 120 days of jail time. If you have a criminal history, and depending on what it is, your assault charge lawyers might be able to have your sentence suspended so that you rather serve time on probation instead of in prison.  There are often deferral deals available where one could do community service or anger management classes as part of a deal for a dismissal.

Felony Assault with a Deadly Weapon

A deadly weapon is usually considered a tool or weapon that has the potential to cause death. This could include a strangulation device, a vehicle, a firearm, and other objects that could cause such harm. Under this offense, there are a number of situations that qualify and each has their own potential sentence and classification.

For an assault in Raleigh, North Carolina that occurred with intent to kill and resulting in seriously bodily injury, you will be charged with a Class C felony. These felonies are punishable by up to 44 – 92 months imprisonment if you are a first-time offender. The sentence may be longer if you have prior convictions.

It must be noted that there are circumstances within your case that could automatically elevate the seriousness of your charge. Aggravating circumstances include assaults done on people such as the elderly, handicapped, and firemen. Furthermore, an assault in Raleigh, N.C. committed at a school, on public transportation, or at a public event might be viewed as more serious.

Domestic Simple Assault in North Carolina

If you have been a victim of domestic violence, it is not unusual for an assault and battery or simple assault to have taken place. There are a variety of layers of assault and battery and they may sometimes occur between people who have, or had, a dating relationship of some type.

Simple Assault

A simple assault is a Class 2 misdemeanor that is punishable by up to 60 days in prison. This kind of assault occurs when someone commits assault on someone else. Interestingly, physical contact does not have to be made for an assault to have taken place.

Assault on a Female

When a female is assaulted, it is considered a Class A1 misdemeanor that is punishable by a sentence of no more than 150 days imprisonment. When it comes to domestic households, this can be a common charge, since often, verbal arguments between people involved in a relationship can result in physical confrontations. For men, in particular, this can be problematic, since the laws afford females additional protection as it relates to being the victim of an assault.

In order to meet the elements of assault on a female, an adult male who is eighteen years or older must have committed battery or assault on a female.

When Should You Contact an Assault Charge Lawyer?

A knowledgeable assault charge lawyer will have ample experience with cases of assault in Raleigh, N.C. An assault charge lawyer understands how to present a case in the best possible way to the prosecutor and judge, and can defend you against your charges, often getting those charges dismissed or reduced before going to trial. If you are facing charges of assault, you need to speak to an assault charge lawyer with the right experience who can protect your rights.

If you have been charged with an assault, it is important not to discuss the situation with anyone other than your assault charge lawyer.

Contact an Assault Charge Lawyer in Raleigh at The Law Offices of Wiley Nickel, PLLC Today

An assault charge lawyer can assist you with your assault charges and ensure that you have the right criminal defense team on your side to fight aggressively for you at trial. It is also important to have an attorney on your side to effectively represent you and who will work tirelessly to defend you against your charges or seek any possible advantages. Our defense lawyers are committed to fighting for the best possible case outcome and protecting your rights throughout the Wake County criminal defense process.  You can reach us at 919-585-1486 for a free consultation.  Our office is located in Cary, NC and we handle assault cases in Wake County, NC.

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Wiley Nickel

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

Do I need a lawyer for a speeding ticket in North Carolina?

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What should I do after I receive a speeding ticket in North Carolina?

Do not pay your speeding ticket without calling an attorney. Contact a Raleigh Speeding Ticket Lawyer for more information. Most local attorneys offer free consultations. Paying your ticket may lead to a suspension of your driving privileges and could cause your insurance to go through the roof.

Can I represent myself in traffic court?

Yes but it’s generally a really bad idea. An experienced attorney will review your DMV record to handle your case in the best way possible. The goal for most clients is a reduction to the non-moving violation on improper equipment and also to receive zero insurance points. If you mishandle your ticket you may find that your license is suspended or you will receive a steep hike in your insurance premiums. Our rates start at $98 and we are generally able to go to court on your behalf.

Does the officer have to prove his/her radar was working properly?

No. The radar simply corroborates the officer’s visual estimate of your rate of speed. No radar reading is required to convict you of speeding. The officer simply needs to state that based on his/her training that your estimated speed was 75 in a 55 to get a conviction. That’s not easy to beat at trial.

Can the District Attorney in Traffic Court Reduce my ticket?

They can dismiss, reduce or amend your ticket to another charge (like Improper Equipment). Then only a judge can give you a PJC. An experience speeding ticket attorney will know what type of reduction or amended charge is best for you.

How much are the court costs and fines for most speeding tickets?

The costs generally range and no two cases are alike. For a reduction to improper equipment you’re probably looking at $263 for Wake County. The in Wake County a speeding ticket would probably have court costs and fines of only $188 or $198. While Improper Equipment is higher in terms of costs it’s much better because it’s a non-moving violation and you don’t have to worry about the possibility of losing your safe driver discount for some carries.

Wake County Speeding Ticket Lawyer/Chatham County Traffic Ticket Attorney

If you received a speeding ticket in Wake County or Chatham County, North Carolina please contact The Law Offices of Wiley Nickel, PLLC for a free consultation. You can reach us at 919-585-1486. Our office is located in Cary, NC.

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Wiley Nickel

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

What is the Expungement Process in North Carolina?

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Step #1: Determining Eligibility

Are you eligible for an expungement? There are different rules for dismissed cases and convictions.  For dismissed cases there is now no limit on the amount of dismissed cases and not guilty cases you can get erased through the expungement process (as long as you don’t have a felony conviction or an active criminal case).  For convictions there are certain crimes that are not eligible for expungement and there are different rules for those under 18 at the time of offense, under 22 for certain crimes and then a 5/10 year wait for felony charges (10) and misdemeanors (5).  We generally need to pull court records to confirm whether you are eligible.

Step #2: Filing the Petition

Once we determine whether you are eligible for an expungement, we will file a petition for expunction in the clerk’s office in the county where you were charged.  You may need to sign affidavits and get character witnesses to do the same.  There may or may not be court costs of $175 depending on the type of expungement.

Step #3: Review by the SBI (North Carolina State Bureau of Investigation)

Following an initial signature by a judge or district attorney (if required) the petition is then mailed to the North Carolina State Bureau of Investigation (SBI).  The SBI will conduct a search of the criminal records of North Carolina. Any records discovered will be attached to the petition and mailed to the North Carolina Administrative Office of the Courts (AOC).  After reviewing the petition for any prior expungements by petitioner, the AOC attaches another report of its findings and sends it back to the clerk of court of the county where the petition was originally filed. This part of the process can take several months.

Step #4: Final Judgment by the Court

Once the petition is returned to the courthouse a judge makes a final determination based on the petition and information provided by the SBI and AOC. A this point the judge may sign the order granting the expungement without a formal hearing. However, if there is a question as to the applicant’s eligibility or if the district attorney has an objection, then a formal hearing could be required.  Following that hearing, the court will either grant or deny the expungement petition.

Step #5: Removal of Expunged Records

Upon the granting of the expungement petition, the clerk of court is statutorily required to send notice of the expunction to all of the relevant agencies that have information about your case.  They are then required to eliminate those records from the system after they’ve received notice.

If you have a criminal record (conviction or dismissed case) contact The Law Offices of Wiley Nickel, PLLC to speak with an expungement lawyer during a free consultation.  We can be reached at 919-585-1486.

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Wiley Nickel

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

Arrested for DWI in Raleigh? Protect Your Rights and Let A DWI Defense Attorney Fight Your Charges

Raleigh DWI Lawyer Wiley Nickel

People get behind the wheel after drinking for many reasons. In some cases, the driver didn’t even realize he or she was impaired, or thought enough time had passed and he or she was safe to drive. Sometimes, a person just makes a bad choice. Regardless of what led to the arrest, facing driving while impaired (DWI) charges in North Carolina is a serious matter, even if it’s your first run in with the law. If you have been charged with drunk driving, however, there may be legal options available to help you minimize the negative consequences and move forward with your life.  We can talk right away for many clients about getting a limited driving privilege.

The lawyers at the Law Offices of Wiley Nickel, PLLC are here to help you. Wiley Nickel, Kristi Haddock and Melissa Botiglione represent individuals charged with a DWI and have helped achieve outcomes that meet their personal and legal goals. Their years of experience makes them uniquely prepared to offer effective guidance and form a plan that will help mitigate your situation. If you are facing a drunk driving charge, call our Wake County office today at (919) 585-1486 to learn more about how we can help you protect your rights and your future.

If You Have Been Arrested for DWI in the Raleigh Area, We Can Help You. 

There are many factors to consider when facing a DWI charge in North Carolina. The legal team at The Law Offices of Wiley Nickel, PLLC understands just how important each of the personal, social, financial, employment and criminal repercussions can be for each of our clients. Whether it’s a misdemeanor or felony case, we will put our experience and knowledge to work for you, seeking the best possible outcome to help you move forward from this frustrating and scary charge. If you or someone you love has been charged with DWI, call our Cary office today at (919) 585-1486 to speak with a Raleigh DWI Defense Attorney about your unique case. If you prefer, take a moment to fill out our online contact form on the right for a prompt response from a member of our legal team.

Whether it's your 1st offense or a repeat offense, let us help you protect your rights and minimize any negative consequences. When you reach out to us, you can expect to get answers to all of your questions and honest legal advice about your specific situation during a free consultation.  Our office is located in Cary, NC and we handle DUI and DWI charges in Wake County, North Carolina.

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Wiley Nickel

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

How 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.

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Wiley Nickel

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

What 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.

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Wiley Nickel

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

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. 

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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. 

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Wiley Nickel

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

North Carolina 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.

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Wiley Nickel

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

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.

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Wiley Nickel

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

North Carolina 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.

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Wiley Nickel

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