How We Can Help
A highly sought-after attorney, Ryan T. Smith, the Managing Attorney at RTS Law Group, has been consulted on a number of high-profile cases. Below is his recent interview with WBTV regarding the NFL’s Greg Hardy and his Jury Trial:
What to Consider
North Carolina has some of the most stringent DUI/DWI laws in the country. If you are convicted for a first time, you will lose your license for a period of one year. Once you’ve been convicted, a BAC of one-half (.04) the usual limit will cause you to be charged a second time a second conviction means any BAC over .00 will result in charges. In effect, drivers who have a previous conviction are subjected to “zero tolerance” and in addition, they are facing higher insurance costs and may be forced to use an ignition interlock device.
Another factor that must be considered is that if you refuse a breath test or other chemical test in North Carolina, your license will be revoked for 60 days automatically and after a hearing with the DMV you will face the loss of driving rights for another year. Only after six months may you be eligible for a hardship license.
Understanding the Role of your Attorney
Convictions of DUI/DWI in North Carolina are very serious and you must work with an attorney immediately after your arrest. We can help you fight these charges by making sure that your rights were not violated in any manner during or after the stop for a DUI/DWI charge. At RTS Law Group, we can take a number of approaches to fighting a DUI charge.
Questioning the Stop
One of the best way to fight a drunk driving charge in North Carolina is to question the circumstances of the stop. Keep in mind, when law enforcement sets up DUI/DWI checkpoints, there are certain rules that must be followed. Generally speaking, the plan for the checkpoint must be laid out ahead of time and must be followed. For example, if the plan involves stopping every third car and you happen to be the second car in the string, you cannot be stopped unless there is probable cause such as erratic driving.
We may also be able to question stops that were made outside of a checkpoint as well. Keep in mind, unless you are driving erratically or the police have probable cause to stop you for another reason, they cannot just randomly stop your car.
Violation of your Rights
In some instances, the police inadvertently make mistakes that violate your rights after a DUI/DWI stop. For example, unless you consent or there is probable cause, officers may not search your vehicle. In other cases, there could be a delay between your arrest and release. These are rights violations that can help us reduce or eliminate DUI/DWI charges.
Fighting bad Testing
If you are facing a DUI/DWI arrest, you will be asked to submit to roadside testing. Because the penalties for refusing these tests are so stringent, we need to pay attention to the testing procedures. Officers must be properly trained, the equipment used must be properly calibrated and you have to be given specific instructions as to how the tests are to be conducted.
As you can see, being arrested for DUI/DWI is only the beginning; you and your criminal defense attorney can work together to fight these charges.
If you are stopped and facing DUI/DWI charges, contact RTS Law Group at 704-552-4444 immediately. Do not answer any questions posed by law enforcement without the benefit of competent legal help.