Hello, folks

how are you? I just got DWI (North Carolina)with 2 additional charges charged on Sunday (13th) night. Any help/constructive feedback will be very much appreciated:

Charges:

--DWI Breathalyzer recorded 0.10. Field sobriety test included gazing pen and counting 1234 backwards and straight
--Driving with Texas driving license in North Carolina
--Speeding at 77mph at 55mph area.

As of now License is revoked for 30 days. He had consultation with legal expert. They told him:

-get a valid NC  license before going to the court on 8/11/2008
-he has 11 days (after the day of arrest) to challenge DMV and apply for NC  license.

So trying to figure out, what are his chances to beat DWI?

 

regards....

chance of beating DWI.. very low... unless the officer made a mistake in pulling him over.. then all evidence gathered is considered Inadmissible so case will be dismissed... but that rarely happens.

your best option is get a decent lawyer for the price and get a plea deal... i think this is his first time this happened...

also make sure about how that might affect immigration status...

if he is sentenced to more than 1 year.. that equals deportation.. so becareful... some of these US laws are crazy.

good luck.

if he is college student or just visitor.. he can drive with TX license...

depending on persons criminal history, and if its 1st time dwi most likely the judge will give a big fine... no jail time..and other 2 charges will be dismissed.

Wow bro......I normally go 75-80 on 55mph everyday and I,m not the only one, almost everyone in the far left lane is the same speed and some are even faster. and There are about three state troopers ambush areas and they actaully dont stop anyone doing around 70-75, I personally slow down to 65 -69 when the ambush areas come. But unfortunate for you. Now did you pass all the sobriety tests??? and is there a legal dirinking limit???

now who is in trouble you or someone else..?????........its confusing

As of now License is revoked for 30 days. He had consultation with legal expert. They told him:

-get a valid NC  license before going to the court on 8/11/2008
-he has 11 days (after the day of arrest) to challenge DMV and apply for NC  license.

So trying to figure out, what are his chances to beat DWI?

In terms of speeding, exceeding by 20 mph over posted speed limit is wreckless driving which has severe consequences.   for example, if posted speed limit is 55 mph and you have driven over 75 mps and cops cauugt you, you will be charged wreckless driving and requires court appearance. No question, even first offence is suspension of dl for 30 days. Watch out guys!

Hey Abodh,

I don't think exceeding by 20 mph is wreckless driving and suspension of DL. I was 33 mph over, got pulled over asked me the reason for speeding got the ticket and i paid fine, that's all. I never got my DL suspended. As far as i know about court appearance, it means paying your fine with the clerk, it doesn't mean appearing in front of the judge. You appear in front of the judge when you challenge the speeding ticket or like you know not having your insuarance or DL at the time when u got pulled over and to overturn the tickets for the same. And as per TX law, if your speeding ticket is for not more than excess of 25mph, u can do defensive driving.

NotACriminal timro sathi le check ma kaam gareko chaina vane chai  student matra ho tesaile DL change nagareko vanna sakchau..

NotACriminal Bro, sorry to hear that. Its true that chance of beating DWI charge is very very low. I suggest you not spend tons of money on lawyer because with your BAC, you'll get convicted. Get a decent lawyer and plea guilty. I hope it's your first offense. Learn from this mistake and move on. Remeber, you could have seriously injured or even killed yourself and others. If I were you i would take it as an eye opener. Be glad that you are safe and nothing terrible happened.

In future, don't drink and drive and make sure your freinds and family members does the same.

at the risk of drawing criticisms, i have absolutely no empathy whatsoever for the drunken drivers. there was a time i used to think, everyone deserves a second chance but after having seen my friend hit by a drunken driver and undergone physical and mental trauma for many months following the tragedy, those reckless driver have to be punished no matter what IMHO. my friend didn't get a second chance. he went to coma for weeks!

it's clearly stated in the law that you cannot drink and drive. it's pretty much universal. you're not only risking the life of your own but of many other innocent driver/passengers/pedestrians by driving after getting drunk. why those freaks don't still get the simple damn thing? if you screw up other's life, get ready to pay the price!

Now, do you knw if you have a DUI, You cannot go to Canada for another 10 years. That means you cannot enter for visa stamping and so on in Canada. It also causes in Visa stamping in other countries liek Mexico delay upto 30 days. Another problem I heard is in port of entry they can deny entry also....Just make sure you get 2 or 3 consultation and tak ethe best attorney. You will be so sorry if you didn't. Get the ones who says they will try to remove this DWI . They can do so by showing how you can be inadmissabl ein Canada, hwo it will effect in your immigration status and so on.........Becareful man, you were not supposed to drink and drive, but you already did so correct it before it is too late by going to the best lawer. Your lawer can remove/ lower this DUI mark to lesser violationas by asking the judge to see its impact on your immigration status. Donot completely trust the attorney, keep checkign with what they have done before you go to the court also.

Goodluck Man.