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ADillon
ADillon, Lawyer
Category: Criminal Law
Satisfied Customers: 441
Experience:  Several years of experience with criminal trials and appeals.
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recieved dui in 1996 in fayetteville nc., record clean ...

Resolved Question:

recieved dui in 1996 in fayetteville nc., record clean until received a dui charge in 7/7/08 in greensboro nc. found sleep or as referred by officer as blacked out in vehicle with found half eaten in car, given a walk the line test, taken downtown and given a breath test, blowed a .o7 labeled an "accuracy check" and latter blowed a .11 twice after being accused of not blowing properly after the tester demonstrated how to blow on a device and handed the same device to me to practice on. Is there a technical.... for a reduced charge, something workable with the DA or what is my likely sentence.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  ADillon replied 5 years ago.

Let me know if you don't get an answer to your question.

I'm an attorney in North Carolina.

Customer: replied 5 years ago.
no answer, waiting
Expert:  ADillon replied 5 years ago.

I'm sorry, I was tied up with something else.

Let me ask you two questions: Did you admit to the officer that you had been driving?

Also, was the 1996 DUI your only prior DUI?

Customer: replied 5 years ago.
NO I DID NOT ADMIT THAT I HAD BEEN DRIVING.BUT THE KEY WAS IN THE INGITION AND I WAS ON THE ROAD. The 96 dui was my only dui conviction although i was charged a dui in 93 and insurance violations that were i pleaded not guilty and the charges were dismissed by the DA......Also can i request and view a copy of the officers' filed report of what events occurred,
Expert:  ADillon replied 5 years ago.

Thanks for that information.

I asked whether you admitted you had been driving because technically they have to prove that you were driving. You do, however, raise a very good point; i.e. you were behind the steering wheel, the keys were in the car, and you were on the road. There are, however, a few cases where the person in you situation has been able to win on the basis that the State cannot prove that he was driving. In your case, the "circumstantial" evidence appears to be enough to convict you.

As for the breath tests, those are probably legitimate. As you may know, they must get two readings, and they must be within 0.1 of each other. (They can also ask you to "try again" if they don't think you're exerting enough pressure.) The must also show that the machine was "calibrated," but usually they can get that evidence. (There are some other conditions, such as that they observe you and they observe that you don't eat or drink anything for a given period of time.) Other than that, there is really no technical defense here.

Unfortunately, in North Carolina there is not much you can do with this. We actually have a statute which prohibits the DA's from reducing the charge to anything else. Fortunately, however, this will be considered you first offense (because the other offenses are so old), and you will typically lose your license for one month, and then you will have limited driving privileges (for work and family responsibilities at least). You will probably have to do community service, and take some sort of alcohol awareness class (or safe driving class). Such an offense usually does not involve actual jail time. Sometimes an attorney can be useful to get you better driving privileges, and of course you may want to hire and meet with an attorney in Fayetteville.

As for the officer's notes, they usually will share those with you.

Please let me know if you have any other questions. If this has answered your question, please click 'accept' so that I can receive credit for this response.

 

Customer: replied 5 years ago.
The respondes offered are acceptable but this last question in relation. In approx. 8 days i will pass that one month suppension date. Would it be more feasible to pay the stated 100 dollars to receive the access to get the licenses back or wait the 3 more days and hsndle everything on my court day maybe avoiding some doubled payment
Expert:  ADillon replied 5 years ago.
I don't think you'll be able to avoid any of these payments; I think they're different things. So, I think you should probably go ahead and pay the $100.
ADillon, Lawyer
Category: Criminal Law
Satisfied Customers: 441
Experience: Several years of experience with criminal trials and appeals.
ADillon and 6 other Criminal Law Specialists are ready to help you

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