The benefit of challenging it in NC is that if you do win the case or the charges decreased, then it will either never hit the "wires" and will not be reported to NJ or the lesser offense that you are able to get in NC will be reported to NJ. What exactly are you charged with in NC? Can you give me the statute number and the actual written offense? I can see what the corresponding charge and punishment are in NJ.
Mike was charged with an alcohol concentration of 0.08 under the Statue G.S. 20-16.2 and G.s. 20-139.1. His license was revoked in Brunswick County, North Carolina on 6-24-2012 under G.S. 20-16.5. We were at the jail & paid fees for offenses & had him released & we returned to our home in New Jersey after our vacation in North Carolina. Rochelle
Hello Rochelle --
I just received this response (a half hour later). Please bear with me for about 20-30 minutes or so -- so I can finish answering another customer and then research these statutes for you and Mike.
I just looked up the statues, 20-16.2 Implied consent to chemical analysis; mandatiry revocation of license in event of refusal; right of driver to request analysis. Statue 20-139.1 Prodedures governing chemical analysis; admissibility; evidentiary provisions; controlled-drinking programs. Statue 20-16.5 Immediate civil license revocation forcertain persons charged with implied-consent offenses.
I looked these up after you mentioned what statues & I realized that the attorney did mention trying to challenge 20-139.1 & I would like to know if attacking this statue can lead to decreased charges or getting the charges dropped in DUI cases. Thanks, XXXXX XXXXX
Hello again -
All of these statutes have NJ equivalents so if he is convicted of any of these, it will be communicated to NJ and he will lose his license for whichever is the longest (I do not know why they do that, but the same thing happened to my husband between NH and MA). Any statutory charge can be challenged and possibly reduced or dismissed -- i know that isn't a great answer but unless I had the entire file in front of me to review exactly what happened I can't really make any kind of an assessment like that except to say that it CAN be done.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).