DWI in Wake County(ADVICE). Please help & don't be rude
I am posting on my friends TWW account rather than mine so you guys don't harass mine because I feel that is what will happen...but I figured I would ask anyones because SOME people help out on this site. I will make it as short as I can...

#1 What lawyer should I get
#2 How much do you think all fines in total will cost
#3 What do you think the total all together will cost
#4 What rules should I know about DWI on your record in the future conviction versus no conviction
#5 How long does it take affect into your insurance
#6 How long of a process do you think this will last? 1 year or more?

ok story...
I am not a drinker. Maybe social. Last time I had a drink was July 4th (2 beers (over 8 hours)as I was the driver for the boat we all were on)
I am 6ft 5 180 pounds (super skinny
I am an avide UBER user because I don't ever like taking my car anywhere...maintenance saver, etc.

That being said I was asked to park at the faculty lot this game. I arrived to the lot at 130. I had a beer when I arrived and another at 240PM before walking in the game. I sat in the game until the third quarter came out and someone offered me a lite beer. I drank half and threw it away. Ok that is that

Around the end of the game these people tailgating beside my car asked if I could give them a ride to their car (it was over behind the wendys area so I obliged) but when I got onto trinity that area was blocked off going in that direction as normal for games (I go to all state football, basketball, and hurricanes hockey games) so I pull a U turn just like I normally do the other direction sometimes. I got to the light at blue ridge and trinity. Waited for the cop to whistle and wave to go and went. Go to the front of Hillsborough and Blue ridge at blinking lights and the people said they could hop out their car was in that gravel lot, but I said no worries I will take you there. The cop whistles and I take a right as usual....this trooper sitting on the side of the road there (who was sitting beside us the entire time) whips his car and lights and pulls me in that first lot. I pull over roll window down and he flashes his lights and the girl has a beer. He asks me why I took that way? I said I always do..he continues to be unpleasant and then tells them to get out...knowing it was her beer. Does some finger thing in my face where if my nose moves at all he has suspiscion he says..... I will continue below.

[Edited on November 16, 2014 at 7:16 PM. Reason : DWI sucks]

11/16/2014 7:15:38 PM

so he calls another cop and has me sit in his car. He cares to have no conversation even though I am a big talker.
Other cop comes I blow in the thing. They HIDE the score so you can't see it. They say if a cop has suspicion they can take you. So off to Hammond Road I go. He asks again what did I eat...I say I actually ate nothing because I forgot my debit card and I had a bottled water when I was driving on 40 to game. I came with 5 Miller Lites and there are 3 left. Look in the cooler if he wanted. Anyways I blow and it doesn't work, he keeps having me blow and it doesn't work...says if I don't blow harder he will say it is a refusal so I huff and I puff and he comes back with a 0.09. I take a mug shot, don't look even close to drunk at all because I am NOT! anyways I see the magistrate and she is nice lets me go.

So I look at my sheets. They got me for DWI, the open container (even though the cop admitted it was the girls and she did as well-the person who controls it gets it now not the driver) and the reason I got pulled was
"Fail or Refuse to comply with the lawful traffic control order of a law enforcement office (G.S. 20-114.1) although as I told you guys the cop waving down didn't say I did anything wrong and didn't freak out.

So I want to pay or whatever to get my license back before 10 days so I can drive to work, class, and back home for the holidays...and then I assume I will have to pay 100 more on my court date. What else can I expect, should I fight it? Thoughts suggestions, opinions?

My best friend died drinking and driving and I hate drinking even more because of that and now I make the you've heard excuse 2.5 beers and I get in trouble. I have had less than 10 beers in 2014. Anything would be helpful no hatred for people who hate DWI people because I do the same.

Thank you and I look forward to a discussion that helps and also discusses this issue.

11/16/2014 7:26:56 PM

Quote :

"He cares to have no conversation even though I am a big talker."

You can't say anything to them, man. They're gonna let you talk and talk until you incriminate yourself.
Write down your experience so you can give a lawyer play by play. Hire a lawyer. Expect to spend between $1500 & $2000 on a lawyer. DO NOT TRY TO REPRESENT YOURSELF OR TRY SOMETHING DUMB LIKE PFJ!
IMO, I think you have a good chance as long as you didn't say too much to the cops. You blew .01 over legal limit and you were badgered for a reading.
Your main defense is going to be your lawyer arguing that they didn't have probable cause to pull you in the first place. Maybe one of the officers saw your passenger take a drink from their beer.

11/16/2014 8:12:01 PM

EERILY similiar to my buddy who got the same thing but a 0.08 and on the other side of carter finley last season. Where you take a right or left at that road at the gas station near the bistro. I will find out his lawyer. All I know is his is still going on a year later.

11/16/2014 8:19:38 PM

One lawyer I know told me that with a "bad stop" I could have it thrown out. I won't count on that though. Didn't have any cause other than the truth I just told you guys. I sat at the blinking light for however long they let those cars go...I take a right when he blows whistle and moves hands...he does nothing and wood woop the cop sitting beside me whips out the lights and right into the next lot. They get out and walk across the street where their car was. He didn't do anything after that other than the fingers and taking that beer out. (full mind you and again, not mine) I don't drink coors lite, hell I drank 2.5 miller lites and hated that.

I can't even read what it says but the ticket says odor of alcohol and slurred speech, when I don't really slur I just talk at a fast pace. I just got in trouble for the one thing I absolutely despise and now I will never judge someone again unless they blow like a 0.16 because i was stone cold sober. Hell you should see my mugshot (they won't let you smile by the way)

11/16/2014 8:24:18 PM

how did you blow a .09 after drinking 2 beers?

11/16/2014 8:35:22 PM

I read he said 2.5 and that he doesn't drink?

I drink and 4 beers on my thing I bought has me at
BAC % = 0.091

11/16/2014 8:54:23 PM

I had a coworker in college who blew a measly 0.1 and lost his license for a year and ended up paying well over $5,000 when all was said and done. I think he still rides a scooter because his insurance premiums would be too high to get a car. I'm sure this doesn't make you feel any better, but it's the simple reality

11/16/2014 9:23:59 PM

^^he must have blown .09 because of residual alcohol from the half beer.

Also, he would had to have blown again down at the station for an "official" reading.

He was charged with dwi because if you blow ANYTHING as a driver of a vehicle where there is an open container it's an automatic dwi for the driver.

[Edited on November 17, 2014 at 12:23 AM. Reason : ....]

11/17/2014 12:16:30 AM

^^ yeah it's pretty brutal under the best case.
As a non drinker who occasionally will drink a single beer socially, this is one of my biggest fears.

11/17/2014 1:27:45 AM

So far a lot of advice off of TWW.

to DEFINITELY get a lawyer. Bill Young has the most recommendations.
that I might have hope because he pulled me as I sat beside him for like 4 minutes while waiting for the cop directing and never once have I got in trouble taking a right for canes games, state games, etc.

^ and yes I am the friend if I even ever had one beer I refused to drive and people were like LOL you'll be fun...well I went almost 2 over that and you definitely AREN'T fine. The damn anxiety blowing made me feel more of a rush/buzz than I have ever had from drinking.

11/17/2014 1:38:47 AM

Quote :

"he must have blown .09 because of residual alcohol from the half beer."

Nope.

Quote :

"He was charged with dwi because if you blow ANYTHING as a driver of a vehicle where there is an open container it's an automatic dwi for the driver."

Nope.

11/17/2014 4:59:32 AM

Quote :

"Also, he would had to have blown again down at the station for an "official" reading"

I thought the .09 is the real reading, and they didn't show hhim the field screening

11/17/2014 6:09:28 AM

Paging PartyChris.

11/17/2014 7:06:55 AM

^^^Over the stated timeframe, 3+ hours, how else would he blow a .09 after 2.5 beers?

Also I thought that was the law with open containers. If you blow anything with any open container in the car you're screwed.

What's the deal? Enlighten us...

^^ Ah I missed where he said he was downtown when the. 09 was the reading.

[Edited on November 17, 2014 at 7:50 AM. Reason : ....]

11/17/2014 7:47:30 AM

here you go

http://www.youtube.com/watch?v=sj1RY47ZntA

11/17/2014 8:32:36 AM

I bet he screened just under .08, but because he told the cop he just drank some beers the cop took him downtown knowing it would creep up a little.

11/17/2014 8:49:54 AM

Paging James Crouch

11/17/2014 8:50:32 AM

I think the general rule of thumb with a DWI is expect it to cost you at least 10,000 when all is said and done. Not sure if that takes into account things like inflated insurance going forward or loss of possible job opportunities later in life or if thats just the cost between now and when the trial is done.

11/17/2014 9:27:25 AM

^yes.

11/17/2014 9:51:59 AM

Quote :

"Also I thought that was the law with open containers. If you blow anything with any open container in the car you're screwed. "

Don't know NC laws, but that sounds retarded.

11/17/2014 9:59:20 AM

^A lot of NC Laws are...

This is all I could find:

Quote :

"§ 20-138.7. Transporting an open container of alcoholic beverage. (a) Offense. - No person shall drive a motor vehicle on a highway or the right-of-way of a highway: (1) While there is an alcoholic beverage in the passenger area in other than the unopened manufacturer's original container; and (2) While the driver is consuming alcohol or while alcohol remains in the driver's body."

11/17/2014 10:24:57 AM

that pertains to the open container charge. not to a DWI.

11/17/2014 11:32:57 AM

dude your best bet is to just plead guilty. get a cheap lawyer if you want, anyone will do the same thing for you. they'll all bullshit you saying that they have "things" they can do - they can't. In Wake County after the Crouch scandal, there is pretty much no way you're going to get out of it if you were caught behind the wheel. It's your word vs. the cops and the court will always go with the latter.

I had one friend spin out and take out a sign and somebody called the cops on him, but they didn't show up until he was home so he could say that he was stressed out after the wreck and began drinking at home. He got out of that one. I haven't heard of anyone else getting out of one since Crouch.

Just get your shit over with as soon as possible. You'll lose your license 10 days, have to do 20 hours of alcohol classes (go to the one downtown) and 24 hours of community service and then it's all behind you (your insurance goes up for three years). Don't waste your time or money trying to fight it - an attorney is only good for dragging it out if you need that for work or personal reasons. Any halfway competent attorney will get you the minimum and probably get the open container dropped.

Just out of curiosity - was the name of the trooper that pulled you Cape?

[Edited on November 17, 2014 at 1:13 PM. Reason : .]

11/17/2014 1:12:47 PM

I've got to imagine that there have to be a couple attorneys in Raleigh that could get you out of this DWI. You might have to drop $10k...but it would be worth it to get out of it.

11/17/2014 1:25:02 PM

^^ that is terrible advice, it doesn't just "go away" if you plead guilty it sits there for every potential employer to see

11/17/2014 1:38:37 PM

^you're missing the point. there is no getting out of it so potential employers are going to see "guilty" anyway, so don't waste your money on emtpy promises from high dollar attorneys unless there are some legitimate reasons it can get thrown out. As OP described, it doesn't appear like there is much to leverage.

Even Bill Young couldn't get my friends out of them (except the one I described) since Crouch.

11/17/2014 2:01:02 PM

What were your friend's DWI's like?? If you're blowing .15s, telling cops to go fuck themselves, and puking in the back of squad cars...then Matlock won't get you out of a DWI. But this guy's DWI seems relatively weak and at least in the area of possibly getting it reduced to a reckless driving.

I'm not trying not to comment too definitively because I know NC's DWI system is much more strict than where I practice....but this would be an easy "get-off/reduced" case in South Carolina.

11/17/2014 2:16:36 PM

I agree with other states and even other counties in NC - I've had friends get out of plenty in other states/counties but in Wake after the Crouch thing the judges right now are just not willing to drop the charges on a standard DWI.

11/17/2014 2:31:18 PM

Quote :

"that is terrible advice, it doesn't just "go away" if you plead guilty it sits there for every potential employer to see"

this.


I would get the best attorney you can find. If you get convicted so be it, but don't give in that easy. Its not really fair but there are habitual drunk drivers who have been stopped multiple times, get good lawyers and never really have to deal with any consequences.

The lawyer can also help you get you a license back faster so you can get to work in stuff, the court case will drag on for a long time which works in your favor if you can keep your nose clean and comply with all the stuff the court wants you to do.

11/17/2014 2:43:32 PM

I'm not goinig to comment any more after this but I'm just saying in Wake County. Wake. County. the odds are hugely against you even with the best attorney (which is arguably Bill Young). I know people with habitual DWIs and only 1 or so conviction but not in Wake County AFTER the Crouch thing (in fact many of them used Crouch).

Any attorney will get your license back after 10 days ($100 fee) instead of the 30. Drawing it out is a tactic in the hope that your arresting officer will transfer, not show up to court, or die in the line of duty - unless you have a specific reason to draw it out. Most lawyers won't even recommend taking it to trial if there's not a legitimate reason why the stop was illegal, etc.

I'm saying it's better to get a cheap attorney, try to fight it if you can and all, but get it over with. Look into Ben Brown - he's good, will give discounts to NCSU alums, and is reasonably priced.

When you apply to educational programs or get your background checked for jobs it's not the date you're charged they look at, it's the date of convition and the time afterward. Drawing it out in court for two years and then doing your year of probation after your conviction makes it look like it's more recent than it really was.

That's my two cents. I'm not an attorney, but I can't count how many friends I've had go through this and afterward, they've all said they wish they had saved money and just gotten it overwith. Again, it's a guilty conviction and it follows you as such but you do your year and then you start putting distance between yourself and the incident. If you drag it out a year or two, that's just longer you have to wait until you can distance yourself from it. Most applications will say "have you been convicted of a misdemeanor/felony/anything other than a minor traffic violation in the last X years".

11/17/2014 3:18:49 PM

Hire Steven Saad. He was ADA in Wake COunty and prosecuted 1,000+ of these. He also knows how to defend them. He started private practice about 6 months ago.

They will start from the beginning and look for anything that should not have happened on the officer's end. If they determine they had no reason to stop you, everything after that point would be inadmissable.

I just had a friend get charged, same exact thing (only turning onto Blue Ridge from Trinity) - went when cop told him to and another "freaked out"...long story short, about 3 months later, DWI was dropped as there was not probable cause to stop him in the first place.

11/17/2014 3:21:39 PM

^ Has to be incorrect. ncsuallday says you can't get out of them in Wake County.

11/17/2014 3:29:33 PM

Quote :

"Most applications will say "have you been convicted of a misdemeanor/felony/anything other than a minor traffic violation in the last X years"."

god damn dude, stop giving such terrible advice. even if they give a time frame on an application (and some don't even do that), it's still not stopping the potential employer from seeing it when they do the background check.

11/17/2014 4:05:21 PM

I just want to hear OP say

"I fucked up, got caught, and now I have to pay the price"

11/17/2014 4:05:28 PM

Rough fucking shit. Brings back a lot of bullshit for me. Hang in there man. Good luck. At least it's not your second one.

11/17/2014 6:28:52 PM

^^ Not going to happen. I don't drink and drive. I had what I had and I guess was dumb and hadn't ate since dinner on Friday.


"Douche Bag
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Hire Steven Saad. He was ADA in Wake COunty and prosecuted 1,000+ of these. He also knows how to defend them. He started private practice about 6 months ago.

They will start from the beginning and look for anything that should not have happened on the officer's end. If they determine they had no reason to stop you, everything after that point would be inadmissable.

I just had a friend get charged, same exact thing (only turning onto Blue Ridge from Trinity) - went when cop told him to and another "freaked out"...long story short, about 3 months later, DWI was dropped as there was not probable cause to stop him in the first place." ....this is exactly what I am hoping for....I don't think I should have been stopped. I do that for EVERY single Hurricanes game, State game I have been to in the last 2 years. Why else would i have sat there for 4 minutes beside the guy and take a right if I think I was doing something wrong? Seriously even I am not that dumb... Can you give me his number and how to contact him?

People have referred me to Bill Young, but I guess I am going to use someone else.



Str8BacardiL
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Quote :
"that is terrible advice, it doesn't just "go away" if you plead guilty it sits there for every potential employer to see"


this.


I would get the best attorney you can find. If you get convicted so be it, but don't give in that easy. Its not really fair but there are habitual drunk drivers who have been stopped multiple times, get good lawyers and never really have to deal with any consequences.

The lawyer can also help you get you a license back faster so you can get to work in stuff, the court case will drag on for a long time which works in your favor if you can keep your nose clean and comply with all the stuff the court wants you to do."....I am trying to do whatever they ask.



jbrick83
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What were your friend's DWI's like?? If you're blowing .15s, telling cops to go fuck themselves, and puking in the back of squad cars...then Matlock won't get you out of a DWI. But this guy's DWI seems relatively weak and at least in the area of possibly getting it reduced to a reckless driving.

I'm not trying not to comment too definitively because I know NC's DWI system is much more strict than where I practice....but this would be an easy "get-off/reduced" case in South Carolina."......I had hoped to get it reduced to reckless driving anything other than DWI...sad thing is I wasn't reckless driving...I was going 2-5MPH when I turned.




jbrick83
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I've got to imagine that there have to be a couple attorneys in Raleigh that could get you out of this DWI. You might have to drop $10k...but it would be worth it to get out of it.

I am hoping for that!!!! I have contacted John Bryant who just ran for DA because he is a family friend and I have also contacted representative Leo Daughty because he told family friend he would help me.



dtownral
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I bet he screened just under .08, but because he told the cop he just drank some beers the cop took him downtown knowing it would creep up a little.".....I thought I saw 0.05 when we were in the field but he hid it from me and held that button for a long time. My real reading shows 0.09

so I had friends get out of because they had crouch....now I know how he got out of it?!!

11/17/2014 6:54:44 PM

Quote :

"I take a mug shot, don't look even close to drunk at all because I am NOT!...Hell you should see my mugshot (they won't let you smile by the way)"

you're right. you do look pretty sober in your mugshot

http://wakemugshots.com/

11/17/2014 7:12:59 PM

That just took us to the regular webpage. Do you think I look drunk and were being sarcastic? I don't even know what others would think I guess?

11/17/2014 7:29:16 PM

Quote :

"Fail or Refuse to comply with the lawful traffic control order of a law enforcement office (G.S. 20-114.1) although as I told you guys the cop waving down didn't say I did anything wrong and didn't freak out. "

Not sure if this will work, but it would seem that if you never committed the underlying cause for the stop anything that came after may be inadmissible? A cop cant just stop you and investigate you for DWI just because you are leaving out of a football game, so part of the case is that you disobeyed the officer directing traffic. I am wondering if that officer is even going to show up or testify since its not his arrest and is not a major crime.

You really need to get a good attorney to sort through this.

11/17/2014 7:31:50 PM

cant you just refuse everything when the cop getcha and ride a scoot for a year

11/17/2014 8:05:53 PM

^^ Str8

I think he said the cop that pulled him isn't on this list anywhere and could be a trooper from somewhere else which means he would have to come to court for sure. The other cop coming means he wasn't even there.

11/17/2014 8:18:25 PM

The cop who pulled me was sitting in a car off to the side. His buddy was the one waiving and he didn't freak or anything when I took a right as I said I do that every game. The cop in the car whipped it and with him sitting in the car I would assume he is that guys boss, but the guy waiving who I "failed to comply" never even met me dealt with me, and continued to proceed with traffic.

11/17/2014 8:19:42 PM

think of how much easier this would have been if you didnt turn right going against the direction of the traffic directing officer

11/17/2014 8:25:33 PM

to me the OP looks drunk to me

11/17/2014 8:30:16 PM

hes going to respect cops the rest of his life

11/17/2014 10:16:11 PM

Were they both troopers or was one a city cop?

11/17/2014 11:07:19 PM

It says on here he is TRP QC - - - - - . he was in one of those black unmarked cars, but he was nowhere near the scene when it happened. Old white guy is one who flipped I took a right and pulled me. This has caused me so much anxiety. I already respect and appreciate cops, thank you to the poster who said that by the way. As for Paul...I was going against any traffic. He whistled and waved come on...just like he does every game I am at. That is my problem

[Edited on November 18, 2014 at 12:11 AM. Reason : I need sleep]

11/17/2014 11:43:03 PM

Now would be a good time to have a drink. Since you don't drink and drive it shouldn't be a problem.

11/17/2014 11:47:12 PM

That is my problem is what!

11/17/2014 11:48:45 PM