North Carolina DUI Defense Law Statutes
North Carolina DUI Defense
DUI
Newsletter about DUI or our primer on drunk driving.
North Carolina § 20-17.1. Revocation of license of mental incompetents, alcoholics and habitual users of narcotic drugs.
(a) The Commissioner, upon receipt of notice that any person has been legally adjudicated incompetent or has been involuntarily committed to an institution for the treatment of alcoholism or drug addiction, shall forthwith make inquiry into the facts for the purpose of determining whether such person is competent to operate a motor vehicle. If a person has been adjudicated incompetent under Chapter 35A of the General Statutes, in making an inquiry into the facts, the Commissioner shall consider the clerk of court’s recommendation regarding whether the incompetent person should be allowed to retain his or her driving privilege. Unless the Commissioner is satisfied that such person is competent to operate a motor vehicle with safety to persons and property, he shall revoke such person’s driving privilege. Provided that if such person requests, in writing, a hearing, he shall retain his license until after the hearing, and if the revocation is sustained after such hearing, the person whose driving privilege has been revoked under the provisions of this section, shall have the right to a review by the review board as provided in G.S. 20-9(g)(4) upon written request filed with the Division.
(b) If any person shall be adjudicated as incompetent or is involuntarily committed for the treatment of alcoholism or drug addiction, the clerk of the court in which any such adjudication is made shall forthwith send a certified copy of abstract thereof to the Commissioner.
(c) Repealed by Session Laws 1973, c. 475, s. 3 1/2.
(d) It is the intent of this section that the provisions herein shall be carried out by the Commissioner of Motor Vehicles for the safety of the motoring public. The Commissioner shall have authority to make such agreements as are necessary with the persons in charge of every institution of any nature for the care and treatment of alcoholics or habitual users of narcotic drugs, to effectively carry out the duty hereby imposed and the person in charge of the institutions described above shall cooperate with and assist the Commissioner of Motor Vehicles.
(e) Notwithstanding the provisions of G.S. 8-53, 8-53.2, and Article 3 of Chapter 122C of the General Statutes, the person or persons in charge of any institution as set out in subsection (a) hereinabove shall furnish such information as may be required for the effective enforcement of this section. Information furnished to the Division of Motor Vehicles as provided herein shall be confidential and the Commissioner of Motor Vehicles shall be subject to the same penalties and is granted the same protection as is the department, institution or individual furnishing such information. No criminal or civil action may be brought against any person or agency who shall provide or submit to the Commissioner of Motor Vehicles or his authorized agents the information as required herein.
(f) Revocations under this section may be reviewed as provided in G.S. 20-9(g)(4).
North Carolina § 20-17.3. Revocation for underage purchasers of alcohol
The Division shall revoke for one year the driver’s license of any person who has been convicted of violating any of the following:
(1) G.S. 18B-302(c), (e), or (f).
(2) G.S. 18B-302(b), if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage.
(3) G.S. 18B-302(a1).
If the person’s license is currently suspended or revoked, then the revocation under this section shall begin at the termination of that revocation. A person whose license is revoked under this section for a violation of G.S. 18B-302(a1) or G.S. 18B-302(c) shall be eligible for a limited driving privilege under G.S. 20-179.3.
North Carolina § 20-17.6. Restoration of a license after a conviction of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs
(a) Scope. — This section applies to a person whose license was revoked as a result of a conviction of any of the following offenses:
(1) G.S. 20-138.1, driving while impaired (DWI).
(2) G.S. 20-138.2, commercial DWI.
(3) G.S. 20-138.3, driving while less than 21 years old after consuming alcohol or drugs.
(4) G.S. 20-138.2A, driving a commercial motor vehicle with an alcohol concentration of greater than 0.00 and less than 0.04, if the person’s drivers license was revoked under G.S. 20-17(a)(13).
(5) G.S. 20-138.2B, driving a school bus, a school activity bus, or a child care vehicle with an alcohol concentration of greater than 0.00, if the person’s drivers license was revoked under G.S. 20-17(a)(14).
(b) Requirement for Restoring License. — The Division must receive a certificate of completion for a person who is subject to this section before the Division can restore that person’s license. The revocation period for a person who is subject to this section is extended until the Division receives the certificate of completion.
(c) Certificate of Completion. — To obtain a certificate of completion, a person must have a substance abuse assessment and, depending on the results of the assessment, must complete either an alcohol and drug education traffic (ADET) school or a substance abuse treatment program. The substance abuse assessment must be conducted by one of the entities authorized by the Department of Health and Human Services to conduct assessments. G.S. 122C-142.1 describes the procedure for obtaining a certificate of completion.
(d) Notice of Requirement. — When a court reports to the Division a conviction of a person who is subject to this section, the Division must send the person written notice of the requirements of this section and of the consequences of failing to comply with these requirements. The notification must include a statement that the person may contact the local area mental health, developmental disabilities, and substance abuse program for a list of agencies and entities in the person’s area that are authorized to make a substance abuse assessment and provide the education or treatment needed to obtain a certificate of completion.
(e) Effect on Limited Driving Privileges. — A person who is subject to this section is not eligible for limited driving privileges if the revocation period for the offense that caused the person to become subject to this section has ended and the person’s license remains revoked only because the Division has not obtained a certificate of completion for that person. The issuance of limited driving privileges during the revocation period for the offense that caused the person to become subject to this section is governed by the statutes that apply to that offense.
North Carolina § 20-138.1. Impaired driving
(a) Offense. — A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.
(b) Defense Precluded. — The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
(b1) Defense Allowed. — Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
(c) Pleading. — In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.
(d) Sentencing Hearing and Punishment. — Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.
(e) Exception. — Notwithstanding the definition of “vehicle” pursuant to G.S. 20-4.01(49), for purposes of this section the word “vehicle” does not include a horse.
North Carolina § 20-138.2. Impaired driving in commercial vehicle
(a) Offense. — A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.04 or more.
(a2) In order to prove the gross vehicle weight rating of a vehicle as defined in G.S. 20-4.01(12e), the opinion of a person who observed the vehicle as to the weight, the testimony of the gross vehicle weight rating affixed to the vehicle, the registered or declared weight shown on the Division’s records pursuant to G.S. 20-26(b1), the gross vehicle weight rating as determined from the vehicle identification number, the listed gross weight publications from the manufacturer of the vehicle, or any other description or evidence shall be admissible.
(b) Defense Precluded. — The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
(b1) Defense Allowed. — Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
(c) Pleading. — To charge a violation of this section, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges the defendant drove a commercial motor vehicle on a highway, street, or public vehicular area while subject to an impairing substance.
(d) Implied Consent Offense. — An offense under this section is an implied consent offense subject to the provisions of G.S. 20-16.2.
(e) Punishment. — The offense in this section is a misdemeanor and any defendant convicted under this section shall be sentenced under G.S. 20-179. This offense is not a lesser included offense of impaired driving under G.S. 20-138.1, and if a person is convicted under this section and of an offense involving impaired driving under G.S. 20-138.1 arising out of the same transaction, the aggregate punishment imposed by the Court may not exceed the maximum punishment applicable to the offense involving impaired driving under G.S. 20-138.1.
(f) Repealed by Session Laws 1991, c. 726, s. 19.
(g) Chemical Analysis Provisions. — The provisions of G.S. 20-139.1 shall apply to the offense of impaired driving in a commercial motor vehicle.
North Carolina § 20-138.3. Driving by person less than 21 years old after consuming alcohol or drugs
(a) Offense. — It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.
(b) Subject to Implied-Consent Law. — An offense under this section is an alcohol-related offense subject to the implied-consent provisions of G.S. 20-16.2.
(b1) Odor Insufficient. — The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver’s body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2) Alcohol Screening Test. — Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver’s refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver’s body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.
(c) Punishment; Effect When Impaired Driving Offense Also Charged. — The offense in this section is a Class 2 misdemeanor. It is not, in any circumstances, a lesser included offense of impaired driving under G.S. 20-138.1, but if a person is convicted under this section and of an offense involving impaired driving arising out of the same transaction, the aggregate punishment imposed by the court may not exceed the maximum applicable to the offense involving impaired driving, and any minimum punishment applicable shall be imposed.
(d) Limited Driving Privilege. — A person who is convicted of violating subsection (a) of this section and whose drivers license is revoked solely based on that conviction may apply for a limited driving privilege as provided in G.S. 20-179.3. This subsection shall apply only if the person meets both of the following requirements:
(1) Is 18, 19, or 20 years old on the date of the offense.
(2) Has not previously been convicted of a violation of this section.
The judge may issue the limited driving privilege only if the person meets the eligibility requirements of G.S. 20-179.3, other than the requirement in G.S. 20-179.3(b)(1)c. G.S. 20-179.3(e) shall not apply. All other terms, conditions, and restrictions provided for in G.S. 20-179.3 shall apply. G.S. 20-179.3, rather than this subsection, governs the issuance of a limited driving privilege to a person who is convicted of violating subsection (a) of this section and of driving while impaired as a result of the same transaction.
North Carolina § 20-138.2A. Operating a commercial vehicle after consuming alcohol
(a) Offense. — A person commits the offense of operating a commercial motor vehicle after consuming alcohol if the person drives a commercial motor vehicle, as defined in G.S. 20-4.01(3d)a. and b., upon any highway, any street, or any public vehicular area within the State while consuming alcohol or while alcohol remains in the person’s body.
(b) Implied-Consent Offense. — An offense under this section is an implied-consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.
(b1) Odor Insufficient. — The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver’s body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2) Alcohol Screening Test. — Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver’s refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver’s body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.
(c) Punishment. — Except as otherwise provided in this subsection, a violation of the offense described in subsection (a) of this section is a Class 3 misdemeanor and, notwithstanding G.S. 15A-1340.23, is punishable by a penalty of one hundred dollars ($ 100.00). A second or subsequent violation of this section is a misdemeanor punishable under G.S. 20-179. This offense is a lesser included offense of impaired driving of a commercial vehicle under G.S. 20-138.2.
(d) Second or Subsequent Conviction Defined. — A conviction for violating this offense is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under this section, and the previous conviction occurred in the seven years immediately preceding the date of the current offense. This definition of second or subsequent conviction also applies to G.S. 20-17(a)(13) and G.S. 20-17.4(a)(6).
North Carolina § 20-138.2B. Operating a school bus, school activity bus, or child care vehicle after consuming alcohol
(a) Offense. — A person commits the offense of operating a school bus, school activity bus, or child care vehicle after consuming alcohol if the person drives a school bus, school activity bus, or child care vehicle upon any highway, any street, or any public vehicular area within the State while consuming alcohol or while alcohol remains in the person’s body.
(b) Implied-Consent Offense. — An offense under this section is an implied-consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.
(b1) Odor Insufficient. — The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver’s body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2) Alcohol Screening Test. — Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver’s refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver’s body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.
(c) Punishment. — Except as otherwise provided in this subsection, a violation of the offense described in subsection (a) of this section is a Class 3 misdemeanor and, notwithstanding G.S. 15A-1340.23, is punishable by a penalty of one hundred dollars ($ 100.00). A second or subsequent violation of this section is a misdemeanor punishable under G.S. 20-179. This offense is a lesser included offense of impaired driving of a commercial vehicle under G.S. 20-138.1.
(d) Second or Subsequent Conviction Defined. — A conviction for violating this offense is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under this section, and the previous conviction occurred in the seven years immediately preceding the date of the current offense. This definition of second or subsequent conviction also applies to G.S. 20-19(c2).
North Carolina § 20-138.3. Driving by person less than 21 years old after consuming alcohol or drugs
(a) Offense. — It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.
(b) Subject to Implied-Consent Law. — An offense under this section is an alcohol-related offense subject to the implied-consent provisions of G.S. 20-16.2.
(b1) Odor Insufficient. — The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver’s body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2) Alcohol Screening Test. — Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver’s refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver’s body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.
(c) Punishment; Effect When Impaired Driving Offense Also Charged. — The offense in this section is a Class 2 misdemeanor. It is not, in any circumstances, a lesser included offense of impaired driving under G.S. 20-138.1, but if a person is convicted under this section and of an offense involving impaired driving arising out of the same transaction, the aggregate punishment imposed by the court may not exceed the maximum applicable to the offense involving impaired driving, and any minimum punishment applicable shall be imposed.
(d) Limited Driving Privilege. — A person who is convicted of violating subsection (a) of this section and whose drivers license is revoked solely based on that conviction may apply for a limited driving privilege as provided in G.S. 20-179.3. This subsection shall apply only if the person meets both of the following requirements:
(1) Is 18, 19, or 20 years old on the date of the offense.
(2) Has not previously been convicted of a violation of this section.
The judge may issue the limited driving privilege only if the person meets the eligibility requirements of G.S. 20-179.3, other than the requirement in G.S. 20-179.3(b)(1)c. G.S. 20-179.3(e) shall not apply. All other terms, conditions, and restrictions provided for in G.S. 20-179.3 shall apply. G.S. 20-179.3, rather than this subsection, governs the issuance of a limited driving privilege to a person who is convicted of violating subsection (a) of this section and of driving while impaired as a result of the same transaction.
North Carolina § 20-138.5. Habitual impaired driving
(a) A person commits the offense of habitual impaired driving if he drives while impaired as defined in G.S. 20-138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20-4.01(24a) within 10 years of the date of this offense.
(b) A person convicted of violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served.
(c) An offense under this section is an implied consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.
(d) A person convicted under this section shall have his license permanently revoked.
(e) If a person is convicted under this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of impaired driving becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20-28.2. In applying the procedure set out in that statute, an owner or a holder of a security interest is considered an innocent party with respect to a motor vehicle subject to forfeiture under this subsection if any of the following applies:
(1) The owner or holder of the security interest did not know and had no reason to know that the defendant had been convicted within the previous seven years of three or more offenses involving impaired driving.
(2) The defendant drove the motor vehicle without the consent of the owner or the holder of the security interest.
North Carolina Driving Under Influence Charge Dismissed Lawyers Attorneys
Richard aged 30 years of New Manchester was charged with driving under the influence of alcohol. Defense motion to transfer all matters to circuit court granted, all matters dismissed on charges of breaking and entering of a motor vehicle, two counts; and aggravated DUI.
A DUI offense is a very serious crime.
The SRIS Law Group North Carolina DUI attorneys can defend you against any type of DUI charge.
Our North Carolina DUI lawyers have the experience to defend you against any type of DUI charge.
Contact a SRIS Law Group North Carolina DUI lawyer in North Carolina.
North Carolina Wayne County Driving Under Influence Lawyers Attorneys
Operating a motor vehicle while under the influence of intoxicating liquor required the Commonwealth to prove beyond a reasonable doubt that defendant’s consumption of alcohol diminished defendant’s ability to operate the motor vehicle safely
A DUI offense is a very serious crime.
The SRIS Law Group North Carolina DUI attorneys can defend you against any type of DUI charge.
Our North Carolina DUI lawyers have the experience to defend you against any type of DUI charge.
Contact a SRIS Law Group North Carolina DUI lawyer in North Carolina.
North Carolina Driving Suspended License Lawyer Revoked License Attorneys
North Carolina Driving On Suspended License/Revoked License Lawyer
Driving with a suspended license is a serious criminal traffic violation in North Carolina. If you are charged with driving with a suspended license in North Carolina, you should immediately consult with a SRIS, P.C. North Carolina driving on suspended license defense attorney.
In North Carolina, it is against the law to drive when you driver’s license is suspended or revoked. Some of the acronyms for driving with a suspended license are DOS & DWS.
Driving when you don’t have a license is also against the law in North Carolina. Especially if your right to apply for a license has been suspended or revoked.
A person who drives a motor vehicle in another state while their licenses is suspended or revoked in the state they originally obtained their license from may also be charged with a driving with a suspended or revoked license.
The SRIS Law Group, P.C. has an office in Mecklenburg County, North Carolina to better serve you.
If you wish to consult with a North Carolina driving on suspended or revoked license lawyer in North Carolina, please call us or contact us via our on line form.
If your license has been suspended in North Carolina, then your right to drive is taken away for a period of time. An example of having your driver’s license suspended for one year in North Carolina is if you have been convicted of driving while under the influence of intoxicants. Your suspension will end only after one year.
In North Carolina, the law requires the Motor Vehicles Division to suspend or revoke a license for certain types of offenses such as a failure to pay fines or court costs. Also, the law authorizes judges in North Carolina to suspend a license if it is related to a traffic offense conviction such as reckless driving in North Carolina.
Your North Carolina driver’s license can even be suspended for failure to obey a court order. An example of this is failing to pay fine ordered by the court or completing a program ordered by the court if it is driving related.
In North Carolina, you are required to have car insurance and failure to provide the division of motor vehicles such proof can result in suspension of your license.
Law Firm of SRIS PC
SRIS PC has law offices in North Carolina.
In North Carolina, our office is in Charlotte.
The North Carolina traffic defense attorneys at SRIS, P.C. are very experienced at assisting clients who have been charged with a driving on suspended / revoked or no operator’s license. Please call us at 888-437-7747 or contact us via our on line form if you wish further assistance.
Also, our staff and traffic defense lawyers in North Carolina speak the following languages in addition to English: Tamil, Arabic, Hindi, Telugu, Cantonese, Mandarin, Malaysian, Spanish & French.
Please click on attorneys to learn more about the North Carolina traffic defense lawyers who assist clients with driving on suspended or revoked license charges in North Carolina.
Our North Carolina driving on suspended license defense attorneys assist clients before the following courts of North Carolina:
Mecklenburg County, Wake County, Guilford County, Forsyth County, Cumberland County, Durham County, Buncombe County, Gaston County, New Hanover County, Union County, Cabarrus County, Davidson County, Catawba County, Johnston County, Onslow County, Iredell County, Pitt County, Alamance County, Randolph County, Rowan County, Robeson County, Orange County, Wayne County, Harnett County, Henderson County, Cleveland County, Brunswick County, Craven County, Rockingham County, Nash County, Burke County, Moore County, Caldwell County, Wilson County, Surry County, Lincoln County, Wilkes County, Rutherford County, Carteret County, Sampson County, Chatham County, Stanly County, Lenoir County, Lee County, Haywood County, Franklin County, Halifax County, Columbus County, Granville County, Edgecombe County, Duplin County.
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
North Carolina Burglary Defense Breaking Entering Lawyers Attorneys
North Carolina Criminal Lawyer
DEFENDING BURGLARY CHARGES
Burglary Charges In North Carolina
In North Carolina, burglary is usually defined as a crime of theft, typically involving intentionally breaking into a house, building or other structure (such as a motor vehicle, boat, or aircraft) to commit a felony.
Burglary is also known as “breaking and entering”.
Lawful break-in of property is permitted in North Carolina. For instance, breaking into a home to save life and limb would not be considered a crime, nor would lawfully evicting tenants or constitutional searches and seizures by police.
Under statute, it stands to reason that a person cannot usually be convicted of burglary if the building or structure and property therein belongs to them.
Theft, Trespassing and Burglary
In North Carolina, theft is not absolutely required to be convicted of burglary.
Trespassing, or unlawfully entering a building or automobile with the intent to commit any felony can constitute a burglary.
In fact, a person may also be convicted of burglary in crimes such as identity theft or violating another’s civil rights. The theft may be intangible, but it can be a felony nonetheless.
In North Carolina, the act of burglary is separate from any actual theft involved with the offense. Thus, if the defendant’s actions of entering a building are not considered a felony, any subsequent theft may be classified under a lesser charge – such as a misdemeanor petit larceny. It’s in situations like these a skilled and savvy North Carolina criminal defense attorney may well spell the difference between probation and serving serious jail time.
Law Firm of SRIS PC
In North Carolina, our office is in Charlotte.
If you’ve been arrested in North Carolina for burglary or breaking and entering, the first and most important thing to do is finding the right North Carolina criminal lawyer who is skilled and experienced in these particular aspects of criminal defense.
At the SRIS Law Group, P.C. each of our North Carolina burglary defense lawyers has a history of success at defending their clients in these serious situations. When you need an attorney with experience in handling burglary cases in North Carolina, you’ll get an criminal defense attorney who knows the ins and outs of the specific statutes in North Carolina.
Our law firm has North Carolina burglary defense attorneys who are committed to providing the best defense for people accused of serious felonies such as burglary and breaking and entering.
Our North Carolina criminal defense attorneys defend criminal cases in the following jurisdictions:
Mecklenburg County, Wake County, Guilford County, Forsyth County, Cumberland County, Durham County, Buncombe County, Gaston County, New Hanover County, Union County, Cabarrus County, Davidson County, Catawba County, Johnston County, Onslow County, Iredell County, Pitt County, Alamance County, Randolph County, Rowan County, Robeson County, Orange County, Wayne County, Harnett County, Henderson County, Cleveland County, Brunswick County, Craven County, Rockingham County, Nash County, Burke County, Moore County, Caldwell County, Wilson County, Surry County, Lincoln County, Wilkes County, Rutherford County, Carteret County, Sampson County, Chatham County, Stanly County, Lenoir County, Lee County, Haywood County, Franklin County, Halifax County, Columbus County, Granville County, Edgecombe County, Duplin County.
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
What you do not want is a lawyer who is engaging in unnecessary litigation. You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you are dealing with a case, contact the SRIS Law Group attorneys for help. Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems.
North Carolina Felony Larceny Breaking Entering Lawyers Attorneys
Derek C. Holland, 23, of Cary, North Carolina, has been charged with one count Felony Larceny, four counts Breaking and Entering a Motor Vehicle and two counts Misdemeanor Larceny.
A Larceny/theft offense is a very serious crime.
The SRIS Law Group North Carolina Larceny/theft attorneys can defend you against any type of Larceny/theft charge.
Our North Carolina Larceny/theft lawyers have the experience to defend you against any type of Larceny/theft charge.
Contact a SRIS Law Group North Carolina Larceny/theft lawyer in North Carolina.
North Carolina Mimosa Alley Wanton Endangerment Criminal Mischief Evading Police Operating Motor Vehicle Under Influence Reckless Driving Lawyers Attorneys
Elliott Douglas Craig, 20, 519 Regents Ave., was arrested in Mimosa Alley and charged with first-degree wanton endangerment, first-degree criminal mischief, first-degree fleeing or evading police, operating a motor vehicle under the influence, reckless driving and leaving the scene of an accident.
Reckless driving is a very serious crime in North Carolina.
The SRIS Law Group North Carolina Reckless driving attorneys can defend you against any type of Reckless Driving Charge.
Our North Carolina Reckless driving lawyers have the experience to defend you against any type of Reckless Driving Charge.
Contact a SRIS Law Group North Carolina Reckless Driving Lawyer in North Carolina.
North Carolina Charged Breaking Entering Larceny Motor Vehicle Lawyers Attorneys
Arrested for larceny
Stephen Hunt, 17, of 2343 Norment Road, was arrested Thursday and charged with breaking and entering, larceny after breaking and entering, and larceny of a motor vehicle.
A Larceny/Theft offense is a very serious crime.
The SRIS Law Group North Carolina Larceny/Theft attorneys can defend you against any type of Larceny/Theft charge.
Our North Carolina Larceny/Theft lawyers have the experience to defend you against any type of Larceny/Theft charge.
Contact a SRIS Law Group North Carolina Larceny/theft lawyer in North Carolina.
North Carolina Motor Vehicle Revoked Driver’s Operator’s License Reckless Driving Lawyers Attorneys
State v. North Carolina
The Commissioner of North Carolina Department of Motor Vehicles was authorized to revoke driver’s operator’s license for one year upon receiving notification that he was convicted of two separate offenses of reckless driving within 12-month period.
Reckless driving is a very serious crime in North Carolina.
The SRIS Law Group North Carolina Reckless driving attorneys can defend you against any type of Reckless Driving Charge.
Our North Carolina Reckless driving lawyers have the experience to defend you against any type of Reckless Driving Charge.
Contact a SRIS Law Group North Carolina Reckless Driving Lawyer in North Carolina.
North Carolina Motor Vehicle Revoke Operator’s License Reckless Driving Lawyers Attorneys
State v. North Carolina
A statute authorizing the Commissioner of Motor Vehicles to revoke an operator’s license for reckless driving convictions did not repeal a statute mandating such revocation, as there was no clear intent to repeal and the statutes were cumulative.
Reckless driving is a very serious crime in North Carolina.
The SRIS Law Group North Carolina Reckless driving attorneys can defend you against any type of Reckless Driving Charge.
Our North Carolina Reckless driving lawyers have the experience to defend you against any type of Reckless Driving Charge.
Contact a SRIS Law Group North Carolina Reckless Driving Lawyer in North Carolina.
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