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LawTalk
LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 35359
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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I was charged with dwi 8 hours after I had an accident. is

Customer Question

I was charged with dwi 8 hours after I had an accident. is this legal?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: NC, no
JA: Do you need to appear in court?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Traffic Law
Expert:  LawTalk replied 1 month ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Under NC law, a person may be formally charged with DUI as much as 2 years after the incident. Following an auto accident, particularly if you were transported to a hospital for any injuries or suspected injuries, it is not unusual to be charged with DUI a few days or so following the accident.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 month ago.
I was in my driveway when the State Patrol came by, the truck was in my brothers pasture.
Expert:  LawTalk replied 1 month ago.

Good afternoon,

Your additional facts do not change my answer. The cops still have up to 2 years to charge you. If you were not in the vehicle and 12 hours passed between the accident and when you were presumably arrested and tested for alcohol, it will make getting a conviction difficult---but they still can legally charge you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 month ago.

Hi,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug