Wake Forest Crime

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Wake Forest Law

simple misdemeanor DUI
Hi, I have simple misdemeanor DUI on my record from 10 years back (2006). I am on H1B on the path the green card. I have traveled out of country few times with no issues. Would trump's executive action impact me if I travel out of country and come back?
Pursuant to a 9th Circuit Court of Appeals decision, there is no travel ban in effect now.
I fell asleep behind the wheel and flipped my car, i was forced to do field sobriety tests, which i passed, somehow i have a DWI
I went to the hospital and was put in a cast for a broken ankle, and I also had a huge knot on my head from the car accident, but no paramedics checked me for a concussion on the scene. How can they charge me with a DWI after i passed all of their tests on a broken ankle?
There is one way to be effectively charged with a DWI. The law enforcement officer needs to have probable cause to...
I was in federal court this morning and they dismiss my charges on the dwi because I plea not guilt but the da say now he has to
go in front of a grand jury and recharge my on the same counts but now it is a felony charge I dont understand that I only have two dwi charges in the last 7 years not three so how can he do that charge me with a felony in federal court. I dont understand that part of the charge and my lawyer didnt either. So I have to fire him. So can someone explain what is going on to me
It sounds as though you are in North Carolina state court, not Federal court. You should speak to your lawyer...
Will NCDMV revoke my limited driving privilege for one "fail" interlock start-up test that happened months ago?
Because of a DUI last spring, I have an interlock installed for one year, and it's been 5+ months (and two data download trips at Monitech) since the "fail." This has been the only issue I've had with the device. I'm still worried, though. I have heard rumors about DMV sending violation notices to people with interlocks just before the time comes to remove the device for violations that occurred long ago. Since I haven't heard from DMV or Monitech about this, can I rest any easier? Thank you for your time, attorneys.
If the "fail" was due to alcohol ingestion prior to the blow, then yes, you may have a problem. However, they should...
What recourse do I have for unreported conviction , dui, over 13 years old?
I went in for a dmv hearing. I had apparently 3 convictions but only 2 ever reported. The most recent 2010-which I completed a 4 year suspension. When dmv was pulling my record to prepare for my hearing , they came across the “conviction “ from 13 years prior at the time. This was not presented during my last court case and we decided to settle as i thought the prior case was dismissed. I checked it all with DMV back then and reinstated. I requested records but they don’t have them. All was fine until the level 5, 2007-8then the level 2. 2010. Well due to the failure to report I got stuck in the 10 year clause which resulted in a interlock for 7 years. The judge of my last case only mandated 1 year IID i have it going on 4 years now. Seems the ball was dropped. I have a right to proper reporting . I will say i was 5 years sober when I went for my hearing and have been ever since. Going on 9 years now. Do i have any recourse to have the interlock removed. I believe I have served my time and suffered dearly then and still very limited. I just want to move on with my life. My driving record was restacked and makes it look like i was illegal when it was due to the failure to report.
I don't see why you'd want to report your own crime but ask the court for an abstract.
Will you be tested for other substances during the assessment for a DWI for alcoholl?
I have to take an assessment for a DWI charge for alcohol. During this assessment will they just look for alcohol levels or other substances as well
Depends on the facility and the type of assessment requested. Usually only alcohol.
Can I receive a second expungement in North Carolina under special circumstances?
I was arrested earlier this year for a DUI that was later dropped in court due to lack of evidence. Plus my blood test proved that I was clean. I know the charges are dropped but the arrest is still on my record. I hired a lawyer previously to expunge my record from my teens for minor offenses. The expungement was granted, and then this happened. Am I eligible for a second expungement since I was innocent?
Most likely yes. The expungement statutes were changed on a December 1st of this year allowing for individuals to file...