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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22569
Experience:  Handle criminal matters in both state and federal courts.
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in the state of North Carolina,how many DWI offenses constitutes

Customer Question

in the state of North Carolina,how many DWI offenses constitutes a felony habitual charge?And during what time span?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Sam :

Hi

Sam :

A 4th conviction within 10 years is considered Habitual under NC law

Sam :

There is a proposed law on the Governor's desk that is seeking to change that to 3 times in a lifetime.

Customer :

hi ok so if i got one in 1998 and recently got one in 2012 and have a TOTAL of 4....then that does not constitute felony habitual?

Sam :

That would be correct

Customer :

and one more question

Sam :

Because it is longer than a 10 year timeframe. You would not be considered a felon habitual Drunk Driver

Sam :

Ok

Customer :

this new proposed law would never apply to my situation since it has not been passed correct?

Sam :

Correct

Sam :

Because it is not a retroactive law

Sam :

it is proactive for any situation going forward.

Customer :

even if it gets passed right now or very soon.....i would not affect me right!?

Customer :

i see...well thank you kindly for the info........very helpful!

Sam :

You are welcome.

Sam :

Good luck

Customer :

have a wonderful day.

Customer :

thanks

Sam :

Hold on

Sam :

I apologize

Customer :

yes?

Sam :

It you are CONVICTED after this bill is signed, then yes, it could affect you

Sam :

Because it is based on conviction.

Sam :

An arrest is not a conviction

Sam :

Sorry. I must still be half asleep

Customer :

i see and where does the bill sit now.....is it close to passing?

Customer :

no problem

Sam :

It is on the Governor's desk. So it has passed both chambers of the House and the Senate

Sam :

If the Governor signs it then it becomes law effective July 1 of this year

Sam :

So you would want to have a finding of not guilty or guilty before July 1

Customer :

oh i see....so even if she signs tommorrow.....it goes INTO effect july 1st?.......well thats plenty of time to get my case resolved!

Sam :

Yes. That is correct

Sam :

All laws have an effective date

Sam :

And that is when it kicks in

Customer :

well that clarifies things!.....thanks for the quick correction!...lol

Customer :

im alittle more at ease now!

Sam :

Ok. Good. Suggest you not postpone and try to get it resolved sooner than later.

Sam :

You're welcome. I apologize. Coffee still activating

Sam :

Good luck.

Customer :

yes...my thoughts EXACTLY!

Sam :


If you have other questions, you may reply here and I will continue to assist you. Otherwise, please rate "good to excellent" below so that I may get credit for my time and information to you in this regard. Thanks

Customer :

thank you!

Customer :

i will rate excellent.....thanks.happy new year!

Sam :

Happy 2013 to you

Sam :

I need you to rate below. Thank you

Customer :

please give me afew minutes to read back through our dialogue to make sure i never missed anything and then i will give you the rating and submit!

Sam :

Ok. Also, once you rate, this will convert to a Q&A format and you can always review. You may even be able to print it out. I am not sure on that. You would have to check with the moderators of this website.

Customer :

ok

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22569
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 8 other Criminal Law Specialists are ready to help you
Expert:  Samuel II replied 1 year ago.

Hi

At the risk of you requesting a refund, I have to admit that I was reviewing the wrong information on the legislation. I apologize, but the law passed last year. And it is now effective.

As such an Habitual offender is anyone who has 3 convictions in a lifetime. Here is the NC law

§ 14-7.1. Persons defined as habitual felons. Any person who has been convicted of or pled guilty to three felony offenses in any federal court or state court in the United States or combination thereof is declared to be an habitual felon and may be charged as a status offender pursuant to this Article. For the purpose of this Article, a felony offense is defined as an offense which is a felony under the laws of the State or other sovereign wherein a plea of guilty was entered or a conviction was returned regardless of the sentence actually imposed. Provided, however, that federal offenses relating to the manufacture, possession, sale and kindred offenses involving intoxicating liquors shall not be considered felonies for the purposes of this Article. For the purposes of this Article, felonies committed before a person attains the age of 18 years shall not constitute more than one felony. The commission of a second felony shall not fall within the purview of this Article unless it is committed after the conviction of or plea of guilty to the first felony. The commission of a third felony shall not fall within the purview of this Article unless it is committed after the conviction of or plea of guilty to the second felony. Pleas of guilty to or convictions of felony offenses prior to July 6, 1967, shall not be felony offenses within the meaning of this Article. Any felony offense to which a pardon has been extended shall not for the purpose of this Article constitute a felony. The burden of proving such pardon shall rest with the defendant and the State shall not be required to disprove a pardon.

Therefore, because of the law, if you are convicted, you will be a habitual offender You can review the entire law at this link Again, I apologize for the inaccurate information in my first post.

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Samuel II
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Handle criminal matters in both state and federal courts.