NC DWI Charges Against Out of State Drivers
Raleigh, North Carolina attracts visitors from all over the country for both business and pleasure. A vibrant city, Raleigh offers everything from conventions and festivals to nationally anticipated sporting events. All of these activities may involve the consumption of alcohol. Coupled with reduced inhibitions travel often provides, these events directly increase the number of DWI charges against travelers and out-of-state defendants. If you have received a DWI charge under North Carolina law but don’t live here, consult a North Carolina attorney with experience in representing out of state defendants. The DWI lawyers at DeMent Askew & Johnson can help mitigate consequences you might face in North Carolina and help you understand resulting ramifications in your state under the national registry known as the Drivers License Compact.
Most people have no awareness that many states share traffic violation information through the Driver's License Compact, a national registry created for that purpose. While communication through the Drivers License Compact can take some time, you should expect that eventually your state of residence will be made aware of your North Carolina DWI conviction. It is entirely possible you will then be punished according to your residential state’s own DWI laws and insurance penalties. Likewise, a North Carolina driver who receives a DWI charge in another state will ultimately receive the same suspension of the driving privileges North Carolina would impose if the offense took place in its jurisdiction.
Conviction of DWI in North Carolina will result in suspension of your North Carolina driving privileges for at least 1 year. Depending on your BAC (blood alcohol content), you may be able to acquire limited privilege to drive in the state.
In many cases, we can help mitigate damages to you that occur based on sheer distance from North Carolina Courts. For many required court appearances, we may be able to appear in court on your behalf, saving you the time and expense. When that is not possible, we can help arrange court dates and assessments at times most convenient for return travel. These may include assisting you with:
- Payment of any court costs or fines in advance;
- Obtaining a substance abuse or alcohol assessment and, if recommended, treatment; and
- Locating local non-profit organizations to complete 24-48 hours of community.
We can often be helpful in arranging court-imposed or agreed upon treatment and/or community service to be approved and completed in your state of residence.
The lawyers at DeMent Askew & Johnson have over 40 years of experience defending DWI charges in North Carolina, including those against out-of-state defendants. Our criminal defense lawyers will thoroughly evaluate your charge and help you understand the options available to you, including your best and worst case scenarios. We will take every measure to lessen any inconvenience to you and increase your chances of successfully resolving your DWI charges and of completing requirements and penalties imposed both in North Carolina and your state of residence. Call us today to speak with one of our DWI defense attorneys for a free consultation at 919-833-5555.
Russell W. DeMent III
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CRIMINAL DEFENSE SUCCESS
Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17
Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…
Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…
Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…
Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…
Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time
Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…
Defendant charged with 2 counts of habitual impaired driving on his 7th total offense. Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.
Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop
All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.
Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop
Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…
Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…
Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…
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