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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14573
Experience:  13 years experience in criminal law, BA in criminal justice
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Thanks Mary, Our attornet in NC was us to go to court in NC

Resolved Question:

Thanks Mary, Our attornet in NC was us to go to court in NC & try to get this dismissed when the blood alcohol level was .12 & she wants to question tempoorary checkpoint that was set up. We live in NJ & just dont see how this will benefit us. Michael & Rochelle Kenney
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legalease replied 1 year ago.

Hello again!

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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.

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MARY

Customer: replied 1 year ago.

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 His license was revoked in Brunswick County, North Carolina on 6-24-2012 under G.S. 20-16.5.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


a.

Expert:  Legalease replied 1 year ago.

Hello Rochelle --

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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.

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MARY

Customer: replied 1 year ago.

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 for
certain 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

Expert:  Legalease replied 1 year ago.

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.

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MARY

Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 14573
Experience: 13 years experience in criminal law, BA in criminal justice
Legalease and 3 other Criminal Law Specialists are ready to help you

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