Motor Vehicle Law / Traffic Law
Be it speeding, reckless driving, DWI, revoked license, or other traffic charges, we have the experience needed to reduce the charges or sentencing. The circumstances of each case is unique, but our strategy is always the same: utilize past experience, thoroughly review the facts of the case, and find a way to come to resolution — usually without you needing to make a court appearance.
Types of cases commonly handled
- License Restoration
What You Need to Know about DWI Field Sobriety Tests: In the video, Attorney Paul Castle will explain three of the standardized field sobriety tests you will be most likely asked to perform if you are pulled over under a suspicion of driving while impaired. Knowing what to expect can often be the difference between performing well and not performing well at all.
Getting convicted for DWI/DUI can have serious consequences for your life. At one end of the spectrum, you may receive the level 5 punishment, which is the most lenient level of punishment. Even at level 5, you will lose your driver’s license for at least one year. You will have to either perform 24 hours of community service or serve a 24 hour jail sentence, on top of having to pay a court cost and fines. At level 5, however, you may be eligible for limited driving privileges, which allow you to drive to and from your place of employment.
At the other end of the spectrum, you may receive the level 1 punishment, which is the most severe level of punishment. This punishment is common when to things have occurred prior to the DWI: i) you had another DWI conviction within seven years of the newer conviction, and (ii) at the time of the current DWI offense, the your license was revoked due to your previous DWI conviction.
In a consultation with a client regarding a DWI charge, the first thing we determine is whether the case can be taken to trial for a successful outcome. There are several importance issues we may explore to help beat a DWI charge:
- Did the police have a reasonable suspicion to make the traffic stop, as required by law? (Suppose the police stopped a motorist simply because she left a bar late in the evening. Without more indicia of the motorist’s bad driving, this alone will not give the police a reasonable suspicion to make a legal traffic stop.)
- Can the State prove that you were operating a vehicle? (Suppose you decide to let your sober friend drive your vehicle because you had a few drinks at a local bar. Your friend, nevertheless, loses control of the vehicle and you and your friend are involved in a wreck. The police may charge YOU with a DWI charge because the vehicle is registered to you and they smell alcohol on your breath.)
- Can the State prove that you had alcohol in your system at the time when you were operating a vehicle? (Suppose you are involved in a wreck. You get home in one way or the other. You are upset and have a few drinks. The police knock on your door. They smell the odor of alcohol on your breath as you answer their questions about the wreck you were involved in. The police may arrest you for DWI under these circumstances, even though you consumed alcohol after you got home.)
- Can the State prove that you were appreciably impaired? (Suppose your bodily alcohol concentration was 0.08 or lower. Suppose that you did well on the field sobriety tests. Under such circumstances, it may be possible to argue that the State is not in a position to prove beyond a reasonable doubt that you were appreciably impaired within the meaning of the law.)
- Does the State have sufficient evidence to prove the case beyond a reasonable doubt? (Suppose you have refused to submit to the intoxilyzer test for one reason or the other. In such a case, you will lose your driver.s license for one year regardless of whether you are guilty of DWI or not. On the other hand, I will be able to argue to the court that the State has no evidence to show what your bodily alcohol concentration was at the time.)
Most people are upset, confused, and even despondent when they are charged with DWI. Absolutely the worst thing to do under such circumstances is try to handle it yourself. While not every DWI case can be won in trial, an experienced DWI attorney can analyze your fact pattern and help locate those key issues that can turn your case from a loser to a winner. At The Castle Law Firm, these consultations are free. Call or email us to schedule a free consultation.
There is no need to worry as experienced traffic lawyers like us can untangle the situation. We go to the root of the problem, i.e., the unpaid ticket that got your license suspended in the first place, and work our way back to the current ticket. Going about it this way, we can usually get you in a position to get your license reinstated. Once you get your license reinstated, the court will look favorably upon your situation and a good outcome for your pending charge is likely.
Imagine never having to miss work for court and not having an increase in your insurance rate. Within the confines of the law, we use the facts of your case to seek the best possible result. Sometimes it is a fine, sometimes it may be dismissal. Allow one of our attorneys to professionally and efficiently handle your speeding case to keep you from getting tossed around in the whirlwind of the court system.
The Truth about a Moving Violation: In the following video Attorney Joe Peterson discusses the basic information about moving violations and some of the possible defenses that can be employed.
If you are caught driving during a period of suspension that resulted from a DWI conviction, you have put yourself in a situation where it is very difficult to get the license back soon. While it’s not impossible to get your license reinstated, you may have to wait a long period of time before you become eligible for a DMV hearing to ask for license restoration. When that day comes, the attorneys at our firm will partner with you. They will prepare you personally for the hearing, gather all required documents, and present your case to the DMV officers.
We are excited to announce that we will now assist clients with these needs in Duplin and Sampson Counties as well as in Onslow and Jones Counties. Our new office in Kenansville is located at 628 S. Main Street, Kenansville, NC 28349. Come visit us. Give us an opportunity to assist you.