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DWI/LIMITED DRIVING
PRIVILEGES
DWI refers to driving
while impaired. Alcohol and/or prescription and illegal
drugs can cause this impairment. Under North Carolina
law, a DWI arrest can occur if you register .08 or
greater in a blood or breath test. Persons who are
convicted or plead guilty to a DWI offense must complete
a substance abuse assessment and comply with any
recommended treatment as a condition for having his or
her operator's license restored at the end of the
revocation period.
A DWI charge or
conviction may result in a loss of license or limited
driving privileges. Ordinarily a person who is convicted
of driving while impaired suffers a loss of license
following the conviction. Limited driving privileges are
not automatically granted, but if they are allowed, they
function as a restrictive license until the end of the
revocation period or until the time of trial.
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SPEEDING/RECKLESS
DRIVING
A traffic ticket is a
citation or summons issued to a person who violates a
traffic law. The citation or summons, written by a
police officer, is an order to appear in court before a
judge. After issuance of the ticket, the person accused
of violating the law can remain free pending the need to
appear in court. Traffic tickets are handled as criminal
matters and can result in a fine, probation, or jail
time.
Reckless driving occurs
when a driver fails to operate a vehicle with proper
care based on the current road and weather conditions.
It is a Class 1 misdemeanor - the same charge as a DWI.
In a case of reckless
driving it must be proven that the driver:
drove at a speed or in a manner so as to endanger life, limb, or property of another;
disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property.
The action must be
intentional on the part of the driver. Losing control of
a vehicle because of an oil slick on the road, for
instance, does not meet the level of proof required for
this charge.
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DRUG OFFENSES/STATE
& FEDERAL COURT
A drug offense refers to the possession,
use, sale or furnishing of any drug or intoxicating
substance or drug paraphernalia, which is prohibited by
law. Recent FBI reports indicate that Nationwide, drugs
and drug-related offenses account for approximately
one-third of all arrests.
Consequences for the
conviction of drug offenses may include:
- Imprisonment
- Probation or parole
- Registration as a narcotics offender
- Drug testing
- Court ordered counseling or rehabilitation
- Loss of driver's license
- Seizure of motor vehicle
- Search and seizure conditions
- Significant fines
- Other
Most drug offenses are
charged as felonies, which could subject you to jail or
prison. An experienced attorney, such as Teddy &
Meekins, may be able to get the charges dismissed or
reduced to a lesser offense. Contact
us today with your case.
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ASSAULT AND BATTERY
Assault is either the
intent to commit battery or the arousal of fear of
bodily harm in another person, in a manner other than by
the use of words. Aggravated assault can include, among
other things, assault with a deadly weapon, or assault
with intent to rape, maim or murder. It is considered
much more serious than simple assault.
Battery is the act of
using force against another person, which results in
either bodily injury or offensive touching. It does not
need to be intentional; force applied with criminal
negligence is sufficient to be considered battery. In
addition, the force does not have to be directly applied
to the victim. For example, directing a dog to attack
someone is considered battery.
If the person
committing the crime has physically touched the victim,
then battery has occurred. If the victim has not been
touched, but only threatened, then the crime is
considered assault.
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LARCENY/EMBEZZLEMENT
Larceny is illegally
taking and carrying away of personal property belonging
to another with the purpose of depriving the owner of
its possession. Larceny is divided into grand and petit
larceny depending upon the value of the property stolen.
To embezzle means to
take another's money and property through abuse of an
official job or position of trust. Embezzlement can take
many forms. An accountant might use sophisticated
methods to falsify records and skim profits, while a
bank teller might walk home with an extra 20 dollars
from his or her drawer.
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VEHICLE SEIZURES
The government for many
different reasons can seize a vehicle: DWI, tax fraud,
and other criminal charges. However, the Fourth
Amendment to the U.S. Constitution places limits on the
power of the police to make arrests; search people and
their property; and seize objects, documents and items
such as illegal drugs or weapons.
If you have had your
vehicle seized for any reason, contact
an experienced Teddy & Meekins trial lawyer. You
have rights under the law.
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ALL OTHER FELONIES
AND MISDEMEANORS
If you have been
convicted of any felony or misdemeanor, contact
an experienced Teddy & Meekins attorney today to
learn your rights.
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