The Britt Law Firm, P.C.

A: Driving While Impaired (D.W.I.):

1. Question: What should I do if I’ve been charged with D.W.I. ?

Answer: First find out what your court date is. You or your attorney must appear in court and answer the District Attorney when he or she calls the calendar on that date. If you or your attorney doesn’t appear in court you could be later arrested because you failed to answer when your name was called out in court.

2. Question: What exactly is Driving While Impaired?

Answer: It is a misdemeanor that has a different sentencing structure than other crimes. North Carolina has made it a crime to drive any vehicle on a public vehicular area or public road while under the influence of an impairing substance, or with an alcohol concentration of .08 or more. To convict a person of this offense the state must prove beyond a reasonable doubt that:

1. The Defendant was operating a motor vehicle
2. The Defendant was on a public road or public vehicular area
3. That the Defendant was under the influence of an impairing substance, or had an alcohol concentration of .08 or higher.

Because case law is constantly changing, it is important to discuss the elements of your case with an attorney experienced and knowledgeable in this area of the law.

3. Question: If I’m charged with D.W.I., how can the Britt Law Firm help me?

Answer: While every case is different, the Britt Law Firm has developed a systematic approach to help our clients determine if their case is appropriate for a trial. If it is, we defend by planning and executing a trial strategy that is most likely to result in a not-guilty verdict. If we determine a negotiated guilty plea is in your best interest, we will plan a sentencing argument to obtain the least harshest penalty. We always educate our clients about the possible outcomes, and thoroughly prepare our clients for court.

4. Question: What are some of the things the Britt Law Firm will investigate in order to prepare my case for court?

Answer: Some examples of what we look at would be the following:

1. Can the State prove you were driving?
2. Will the Officer remember you among all the other traffic stops he makes?
3. Can the State prove that the road was state maintained or a public vehicular area and not a private road?
4. Can the State prove that you were mentally or physically impaired or had a blood alcohol concentration of .08 or more while you were operating the vehicle?
5. Can the State prove that all of your tests were administered properly?
6. Can the State prove that the results of your tests are accurate under the specific circumstances of your case?
7. Was the evidence provided by the State collected in an unconstitutional or unlawful manner?
8. Can the State prove its case beyond a reasonable doubt?

5. Question: What happens if I decide to go to trial and the court finds me “not guilty”?

Answer: You can walk out of court a free person. The State cannot ever again bring charges against you for that same incident because it would again place you in jeopardy of loosing your freedom. This is know as “double jeopardy” and is prohibited.

6. Question: What if the judge finds me guilty? What happens to me next?

Answer: There is always the option to appeal. After an appeal the case goes to Superior Court.
Nothing that happened in the District Court will be considered in Superior Court. If you decide not to appeal the judge will hear arguments as to sentencing. Before determining the punishment, the Court must determine your sentencing level. There are five misdemeanor sentencing levels ranging from Level 1, the most serious, to Level 5, the least serious. The Court determines the sentencing level based upon statutory factors that are characterized as “grossly aggravating,” “aggravating,” or “mitigating.” Among factors considered are:

1. Prior convictions for driving while impaired.
2. Children under the age of 16 in the vehicle.
3. Whether you obtained a substance abuse assessment prior to your case being heard in court.
4. Your overall driving history.

After considering this, the judge will decide your punishment level:

If you are convicted, most of the time an attorney from the Britt Law Firm will argue you should be sentenced at the least harshest level - Level 5:

7. Question: What are the Sentencing Levels?

Answer: Here are the Sentencing Levels:

Level Five: 24 hours to 60 days in jail. A minimum of 24 hours must be imposed. This sentence is sometimes suspended if you agree to perform 24 hours of community service or not operate a motor vehicle for 30 days. Often defendants are placed on unsupervised probation, but supervised probation is sometimes ordered. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The Court can impose a fine up to $200.00.

Level Four: 48 hours to 120 days in jail. A minimum of 48 hours must be imposed, but this sentence is usually suspended if you agree to perform 48 hours of community service or not operate a motor vehicle for 60 days. Supervised or unsupervised probation is a possibility. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The Court may impose a fine up to $500.00

Level Three: 72 hours to 6 months in jail. A minimum of 72 hours must be imposed. This sentence is usually suspended if you agree to perform 72 hours of community service or not operate a motor vehicle for 90 days. Supervised or unsupervised probation is a possibility. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The Court may impose a fine up to $1,000.00

Level Two: 7 days to 12 months in jail. You must serve at least 7 days in jail. If you attend an inpatient treatment program the Court may credit that against your jail time. You may be placed on probation. A limited driving privilege is not possible. You will need to get a substance abuse assessment and comply with its recommendations. The Court may impose a fine up to $2,000.00.

Level One: Level one is the worst DWI sentence. It is reserved for people who are convicted where there are grossly aggravating factors. 30 days to 24 months in jail. You must serve at least 30 days in jail. If you attend an inpatient treatment program the Court may credit that against your jail time. You may be placed on probation. A limited driving privilege is not possible. You will need to get a substance abuse assessment and comply with its recommendations. A fine may be imposed up to $4,000.00.

8. Question: If I’m charged with D.W.I. what is the bottom line? What do I need to do?

Answer: Hire an attorney to represent you in your case. D.W.I. is a serious crime and those convicted of it face harsh sentences. The Britt Law Firm has extensive experience handling D.W. I. cases throughout both judicial district 16B and district 13, which consists of Robeson, Bladen, Columbus, and Brunswick counties, North Carolina. Our office is located at 107 North Court Square, Suite 22, Lumberton North Carolina, 28358. Our telephone number is (910) 671-4500

B: Traffic Offenses:

1. Question: I was stopped and the police officer wrote me a traffic ticket. What do I need to do about it. And what happens if I ignore it?

Answer: Traffic citations can have serious negative consequences for both your driver's license and insurance rates. You should have an attorney take the appropriate action to prevent you from getting stiff penalties or even loosing your license. Ignoring a ticket almost always results in the Department of Motor Vehicles revoking your license. And if you drive while you license is revoked you can go to jail for it. See the Britt Law Firm’s Question and Answer section on Driving While License Revoked. Speaking to an experienced attorney from the Britt Law Firm can help you minimize, and often eliminate, the adverse effects of a traffic citation. The Britt Law Firm strives to benefit its clients in the following ways:

1. A negotiated reduction of your present offence to minimize or eliminate the consequences of your driving record and insurance rates.
2. Outstanding service and results at reasonable fees.
3. The convenience of handling many simple traffic matters by telephone, mail, fax and e-mail.
Many cases can be handled without your presence in Court.

2. Question: The police officer told me I could go to the Clerk of Court’s Office and just pay this ticket off. Should I do this?

Answer: Absolutely not. The cost of traffic tickets goes far beyond the original fine. A significant consequence is possibility that your insurance premiums could increase from 25% to 400% after a traffic conviction. Many people just pay the ticket when a knowledgeable attorney in many cases is able to save their driving record and keep their insurance rates from increasing. Traffic violations will follow you for years and can also cause increased penalties for any future violations.

3. Question: Can you tell me more about these penalties I may face?

Answer: Yes, penalties are assessed by using Points which increase your insurance rate.
First, a charge of one extra mile per hour on a ticket can be the difference between a fine and the loss of your driver’s license. The attorneys at the Britt Law Firm may be able to save you from loosing your license. Keeping your license can save you from a lot of trouble, such as finding someone to carry you to your place of work as well as the many other places you go in your daily life. One insurance point is a 25% increase, two points a 45% increase, and three points a 65% increase. We have reproduced the chart below to show you the increase in your rate.

Points
1
2
3
4
5
6
7
8
9
10
11
12
% Rate Increase
25%
45%
65%
90%
120%
150%
180%
220%
260%
300%
350%
400%
Cost if Basic Rate is $300
$ 375
$ 435
$ 495
$ 570
$ 660
$ 750
$ 840
$ 960
$1,080
$1,200
$1,350
$1,500
These point come from the North Carolina Safe Driver Incentive Plan (SDIP). The SDIP was enacted by the General Assembly to reward safe drivers with the lowest possible insurance costs. Drivers who are convicted of moving traffic violations and/or cause accidents will be charged higher premiums in accordance with their driving records.

SDIP points are charged as follows for convictions and at-fault accidents occurring during the Experience Period (The three years immediately preceding the date of application of the preparation of the renewal):

12 Points:
Manslaughter or Negligent Homicide
Prearranged Highway Racing or Lending a Car for Prearranged Highway Racing
Hit-and-Run, Bodily Injury or Death
Driving Under the Influence
Driving with a Blood-Alcohol Level Greater than .08%
Driving While Impaired
Transporting Illegal Intoxicating Liquor for Sale

10 Points:
Highway Racing or Lending a Car for Highway Racing
Speeding to elude arrest

8 Points:
Driving During Revocation or Suspension of License or Registration

4 Points:
Reckless Driving
Hit-and-Run, Property Damage Only
Passing a Stopped School Bus
Speeding in Excess of 75 mph or 80 mph in a 70 mph zone
Driving after consuming alcohol, driver under 21

3 Points:
At-Fault Accident Resulting in Bodily Injury over $500 or Death; or Property Damage of $2,500 or More*

2 Points:
Illegal Passing
Speeding in Excess of 55 mph But less than 76 mph
Driving on Wrong Side of Road
At-Fault Accident Resulting in Property Damage in Excess of $1,500, but less than $2,500*

1 Point:
All Other Moving Violations or At-Fault Accidents Resulting in Property Damage of $1500 or less and bodily injury of $500 or less* 
* Exceptions apply

4. Question: Are there situations where I can get a citation for speeding and no Safe Driver Incentive Plan Points will be assessed against me?

Answer: Yes. No SDIP Points will be charged for:

Speeding 10 mph or less over the posted speed limit provided:
1. The violation did not occur in a school zone.
2. There is a clean driving record for the previous three years (a single Prayer for Judgment Continued (PJC) will not count as a prior conviction for the purpose of this exception.)
One PJC for each household every three years, provided there are no other PJC's incurred during that time. Only the higher of the accident or violation points will be charged when a person is convicted of a violation in conjunction with an accident.

5. Question: If I lose my license in North Carolina, can this affect my license in other states. Can I simply go and get a license in another state. Or, if I have a license in another state and get a North Carolina ticket, must I worry about the North Carolina ticket?

Answer: Maybe. It depends on whether the state has joined the Non-Resident Violator Compact. North Carolina and most other states and parts of Canada have joined this pact. A license suspension or serious ticket in any member state is the same as a ticket or loss of license in ALL 44 member states. Nonmembers as of January 1996 are: Alaska, Arizona, California, Hawaii, Michigan, Montana, Oregon, Puerto Rico, Washington, and Wisconsin. If your license is suspended in North Carolina, you cannot obtain a license in any of the member states until your North Carolina license is restored. If you fail to pay a ticket in North Carolina, your driver’s license in North Carolina will be suspended. It is unlikely that you will be able obtain or renew your license in your home state until you have resolved the ticket in North Carolina and had your driving privileges restored here. Most states also exchange information under the National Driver License Compact for serious violations such as DWI’s and suspended license due to unpaid tickets in North Carolina. This means that these violations will be charged against your license in your home state. In some states, even less serious out-of-state traffic violations are charged against your license.

6. Question: If I’m charged with a traffic offense what is the bottom line? What do I need to do?

Answer: Hire an attorney to represent you. You will have an experienced professional working hard to get you the most favorable result. An attorney from the Britt Law Firm can possibly obtain a dismissal or a reduced penalty for you. No one in today’s business world can afford to lose his or her license. No one should ever run the risk of driving while their license is revoked because they decided to ignore a traffic citation. The Britt Law Firm has extensive experience in handling traffic cases in Robeson and Bladen County. Our office is located at 107 North Court Square, Suite 22, North Carolina, 28358. Our telephone number is (910) 671-4500.

C: Driving While License Revoked:

1. Question: I’ve been charged with driving while license revoked. What kind of penalty does this charge carry?

Answer: Most people don’t know that the consequences of a conviction of Driving While Licensed Revoked in North Carolina can be severe. Many individuals charged with this offense do not realize that it is a Class 1 Misdemeanor in North Carolina punishable by up to 120 days in jail depending upon the individual's prior record. Additionally, a conviction of Driving While License Revoked may cause your license to be revoked for at least an additional year, and in some cases for individuals with multiple convictions, it may permanently suspend their right to obtain a driving privilege in this state.

2. Question: How can the Britt Law Firm help me “get out of” the charge of Driving While License Revoked?

Answer: Speaking to an experienced attorney from the Britt Law Firm about your case can help you minimize, and often eliminate, the adverse effects of Driving While License Revoked. Our goal at Britt Law Firm is to benefit you in the following ways:

1. A negotiated reduction of your present offence to minimize or eliminate the consequences of your driving record and insurance rates.
2. Outstanding service and results at reasonable fees.

3. Question: If I’m charged with Driving While License Revoked what is the bottom line? What do I need to do?

Answer: Hire an attorney to represent you. You will have an experienced professional working hard to get you the most favorable result. An attorney from the Britt Law Firm can possibly obtain a dismissal or a reduced penalty for you. No one in today’s business world can afford to lose his or her license. No one should ever run the risk of driving while their license is revoked because they decided to ignore a traffic citation. The Britt Law Firm has extensive experience in handling traffic cases. Our office is located at 107 North Court Square, Suite 22, Lumberton, North Carolina 28358. Our telephone number is (910) 671-4500.

Family Law Q&A

THE BRITT LAW FIRM QUESTIONS AND ANSWERS ON CHILD CUSTODY AND VISITATION:

1. Question: Do mothers automatically get custody of their children when parents separate?

Answer: The courts of most states, including North Carolina, do not establish an automatic preference for either mother or father, but they do look very closely at which parent will best promote the welfare and interests of the children of the couple. As a general rule, parents are joint guardians of their children with equal rights to custody and control, in the absence of a court order.

2. Question: What kinds of factors do the courts consider in granting custody?

Answer: They usually look at who has primarily taken care of the child during the marriage (for example, washing, feeding and clothing the child, or helping the child with homework), who has the best approach to discipline, who has cared for the child since the separation (if the couple has already separated), what work schedules either or both parents have, how each parent can provide for the physical, emotional, educational, religious and social needs of the child, and the temperament and character of each parent.

3. Question: Can the court award attorney's fees to me in a custody case?

Answer: Under North Carolina law, if the person asking for attorney's fees is acting in good faith and is unable to afford the legal expenses of the lawsuit, it is possible (but not mandatory) for the court to award reasonable attorney's fees as part of the custody order.

4. Question: Do I have to file for custody In North Carolina?

Answer: Not necessarily. While usually a custody suit is filed where the child is presently residing, a person can file an action involving custody of a minor child in the "home state" of the child (Le., where the child has lived for the last six months) or in any state where the child and one parent have substantial and significant contacts and connections (such as former neighbors teachers, doctors, relatives and so on). If this would be in another state, you may file there.

5. Question: How can the issue of custody be raised?

Answer: This is done by filing a complaint with the court. The complaint for custody must be served on the other parent. After that, a hearing may be scheduled on custody and visitation rights.

6. Question: Can a custody order be changed?

Answer: No custody order is ever "permanent." However, once a parent is awarded custody in a court order, the judge can change the custody order only if there is a substantial change in circumstances since the time of entry of that prior order. Usually it must be proven that the change has a direct and adverse effect on the child.

7. Question: Will my separation agreement protect me from the other parent snatching my child?

Answer: No. A separation agreement is only a contract between you and the other parent. It is not a court order unless it is incorporated into a decree or order of a court. A court order is enforceable by contempt of court. Court orders of one state can be filed and registered in another state and thus be treated as if they were issued by the second state for purposes of enforcement. None of this applies to separation agreements.

8. Question: Can I register a court order from another state here in North Carolina so that North Carolina can treat it as one of its own degrees for purposes of enforcement?

Answer: Yes. You may file and register the other state's decree with the Clerk of Superior Court at the county courthouse. You may want to register the decree in the county where you reside or in the county where the other parent lives.

9. Question: Won't custody be settled when I obtain a divorce?

Answer: Divorce decrees do not necessarily settle custody matters. A custody order can be entered before or after a final decree of divorce in North Carolina.

10. Question: My daughter's twelve. Can't she tell the judge where she wants to live?

Answer: In North Carolina, the child's preference between parents is an important factor to be considered when deciding the issue of custody. However, the child's preference is not conclusive or binding on the issue of custody. There is no set age for when a child can testify.

11. Question: Can all children testify in court as to their preference?

Answer: The courts do not allow every child to testify as to his preference. Whether a
child is old enough is a matter to be decided by the trial judge. This means that the judge must decide that the child is capable of testifying truthfully.

12. Question: How does a judge determine whether a child is able to testify?

Answer: The trial judge must determine that the child is "of sufficient age, discretion and maturity" so that he can formulate and express a rational opinion as to custody.

13. Question: Can a non-parent obtain custody of a child instead of a parent?

Answer: There is a parental preference rule which states that a natural parent (mother or father), who is of good character and who is a proper person to have custody of the child, is usually entitled to custody against all other persons. However, the main object is still what is best for the child.

14. Question: If my spouse is granted custody, will I get visitation rights?

Answer: Ordinarily the noncustodial parent is entitled to reasonable visitation rights with a minor child except in extraordinary situations, such as when the noncustodial parent has a history of abusing or neglecting the child. Visitation can be flexible and unstructured, assuming the parties can get along and agree on the times and terms of visitation, or it can be highly structured and rigid, with certain days and times set out with great specificity.

15. Question: What if' have other questions?

Answer: You need to come in to the Britt Law Firm and speak with an attorney. Nothing you read on this website is legal advice. You should not make any decisions unless you are advised by a licensed North Carolina attorney.

I provide a free initial consultation, so please call                      (910) 671-4500or contact us to make an appointment.  I am available during regular business hours; and on nights and weekends by appointment.  I will always take time to listen and evaluate your unique situation.