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 Message Boards » » DWI in Wake County(ADVICE) Page 1 [2] 3 4, Prev Next  
Str8BacardiL
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Page 2 says hire James Crouch an excellent attorney.

11/18/2014 2:22:01 AM

GoldieO
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We really should consolidate all of the "ask a lawyer" threads.

11/18/2014 6:08:41 AM

skaterjaws
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Trust me, you've never felt anxiety until this happens to you. My brain has ran 24/7 since it happened. I'm mainly concerned with paying the money now to get the limited license after 10 days or sooner if I can that people are able to do so I can get home for thanksgiving. Then going from there for first court date and all my money out my pocket. I used to refuse to even drive after 1 beer and people thought I was being silly, well I went double that and im sitting here begging TWW for suggestions and help. Life has come full circle, sad thing is their car was the flipped way around carter finley and if I had gone out another exit this thread wouldn't exsist :/

Thanks to those who have helped

11/18/2014 6:27:15 AM

bronco
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Calm down. You do your time, pay your fines and hope that your education outweighs your criminal record in job opportunities

11/18/2014 6:48:09 AM

Dynasty2004
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Could be worse. You could be all these other people on this page with you.

http://wakemugshots.com/page/9/

11/18/2014 8:47:27 AM

sag1804
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Well from that link you can see a sophomore from state got arrested for beating the shit out of someone.

Joanna rackley animal science major

11/18/2014 8:54:03 AM

sag1804
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Or the girl who got tresspassed at the state game meaning she had already gotten in trouble and comes back for this game? The wake game! Or got in a fight with the other girl

11/18/2014 8:59:10 AM

Dynasty2004
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^^got that crooked eye

11/18/2014 9:13:47 AM

wdprice3
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in a quick, passing glance, this dude looks like Mark Gottfried

http://wakemugshots.com/trevor-david-holland/

11/18/2014 11:54:11 AM

Str8BacardiL
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Quote :
"We really should consolidate all of the "ask a lawyer" threads."


FUCKING BRILLIANT

THAT WORKED PERFECTLY WITH THE BAR THREADS

MAYBE WE SHOULD JUST CONSOLIDATE THE INTERNET IN TO ONE THREAD

11/18/2014 11:56:21 AM

wdprice3
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also, there is a woman on there listed under at least 3 different names and charges.

11/18/2014 12:04:03 PM

UJustWait84
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How old is the OP? 21? In 10 years this isn't going to matter much. Sure, it'll definitely suck for the next 5-6 years and he might be doomed to customer service/restaurant work, but that's why people go to grad school.

11/18/2014 12:33:02 PM

justinh524
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Don't you mean the OP's friend?

11/18/2014 12:53:44 PM

UJustWait84
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real friends don't let friends drink and drive.

11/18/2014 2:29:54 PM

Krallum
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Quote :
"also, there is a woman on there listed under at least 3 different names and charges."

Surely no one would lie about their name when committing a crime!

I'm Krallum and I approved this message.

11/18/2014 2:39:10 PM

y0willy0
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i wonder who the OP actually is

that being said, unlike the other drunk driving threads in the past, he sounds genuinely sorry

he sounds slightly OCD too like the kid who thought going to the principals office in 6th grade went on his permanent record and could only hope to drive a garbage truck one day

doesnt sound like he was actually drunk, sounds like the cop (surprise) was a cock, and sounds like it will get tossed if he throws money at the best lawyer he can find

an unfortunate situation all around

11/18/2014 3:06:16 PM

Str8BacardiL
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I think I figured out who it is, not saying shit though.

11/18/2014 3:10:34 PM

justinh524
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I have a pretty solid guess, based on mugshots.

11/18/2014 3:13:59 PM

Dynasty2004
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mug shot keeps moving lol

11/18/2014 3:33:11 PM

Str8BacardiL
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As someone who has done their fair share of shit that could have earned me a spot on the mug shots I will not pass judgement on others.

11/18/2014 4:02:07 PM

skaterjaws
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yo willy. I am genuine and pissed at myself for even drinking 1 beer in the first place. My friend died cause of that crap so don't know what I was thinking.

and slightly OCD isn't the word. I am EXTREMELY OCD. I have talked to a few lawyers but they all are 2-3K. Someone on here is friends with a guy who used to prosecute these things. My best bet honestly is that it was a "bad stop" as I told you guys 100 of times I take that way after every state basketball, football, and hurricanes hockey and this is the first time someone has ever said a word. Guy waves you forward and I go...so...there is that. Worst case scenario is a Level 5 and I don't even want that!!!

11/18/2014 6:10:34 PM

Krallum
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just go to jail, you'll be fine

I'm Krallum and I approved this message.

11/18/2014 6:41:56 PM

synapse
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Quote :
" My best bet honestly is that it was a "bad stop""


You misspelled hope.

11/18/2014 7:13:41 PM

sag1804
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Anyone in here actually gotten a DWI before or just heard stories?
And I am one who wants to hear more of James Crouch and what he caused.

11/18/2014 7:31:43 PM

Restricted
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I've gotten a few DWI's in my day.

11/18/2014 7:45:02 PM

Dynasty2004
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lol

11/18/2014 8:28:33 PM

Beethoven
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I recommend Kurtz and Blum.

11/19/2014 8:00:35 AM

KeB
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I'm just still trying to figure out how 2.5 beers over 3+ hours produces a .09 result... It just doesn't make any sense.

11/19/2014 10:23:14 AM

Smath74
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^.

11/19/2014 10:25:24 AM

Dynasty2004
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I sometimes drink only 3 beers but that's after drinking 12.

11/19/2014 10:31:04 AM

Smath74
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^^^of course i know a girl who got a DWI (in another state) after drinking only one glass of wine, but she hadn't had anything to eat either.

11/19/2014 10:53:59 AM

synapse
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Quote :
"I'm just still trying to figure out how 2.5 beers over 3+ hours produces a .09 result... It just doesn't make any sense."


me too...especially for a 180lb man...especially when 2 of the 2.5 beers were drank 5+ hours before he blew on Hammond Road.

^ were you with her the entire time, or is that her story?

11/19/2014 11:12:09 AM

wdprice3
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Maybe it was malt liquor.

11/19/2014 11:18:18 AM

Smath74
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her story but she was also really tiny.

11/19/2014 11:18:42 AM

dtownral
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confirmed:

11/19/2014 11:55:31 AM

BlackJesus
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Quote :
"^^^of course i know a girl who got a DWI (in another state) after drinking only one glass bottle of wine, but she hadn't had anything to eat either."


fixed it, lots of half truths coming out in this thread. Drunk driver that didn't drink enough beer to even get buzzed......k

11/19/2014 12:08:34 PM

Str8BacardiL
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When a cop asks how many beers you have had he knows you are going to lie and say a couple. What you are doing is admitting to him you have consumed alcohol.

11/19/2014 12:10:06 PM

APCrook
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dwi attorney here. short answer is it appears there are some strengths to your case, though some more details would help. i'd want to know what the first officer saw that made him stop you. you indicated in your post the traffic cop blew a whistle and directed you to go, which you did. not sure what you did incorrectly.

sounds like you had an appropriate answer for all questions he had and you did all you were asked to do, so your behavior/responses/etc. don't indicate impairment. you only mentioned one of three possible standardized field sobriety tests, which often makes for a weak case. also given the utter chaos that is leaving a football game, you could make a straight-faced argument as to the credibility of the field test.

because two officers were involved (one who conducted the stop and investigation and one who administered the preliminary breath test) both must be present in court when your case goes to trial for all test results to be admitted into evidence. this can sometimes be problematic and works to the defendant's advantage. i've beaten what were bad cases on paper because certain pieces of evidence were inadmissible at trial when the necessary officer was not present. was the cop who had you blow at hammond road the same guy who arrested you or a third cop?

lastly, .09 is a low blow. while it's certainly enough to prove your guilt beyond a reasonable doubt, i've seen judges find .09s not guilty. sounds like you have a chance, so certainly do not just plead guilty. and if you hire an attorney who is advising you to plead guilty without even putting up a fight (e.g., arguing pretrial motions to dismiss), you've hired the wrong guy.

feel free to pm me if you have other questions.

11/19/2014 1:54:33 PM

UJustWait84
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naw dude. no such thing as getting a DWI thrown out in Wake Co.

11/19/2014 1:58:53 PM

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^ DERP ALERT

11/19/2014 2:22:54 PM

jbrick83
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ncsuallday needs a nice swift kick in the taint for his horrible advice.

11/19/2014 2:32:27 PM

dtownral
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maybe ncsuallday got pwnt for a DWI and wants others to suffer equally so they can feel less dumb about it?

11/19/2014 2:58:35 PM

skaterjaws
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Well I am feeling pretty bad about myself still...but then I read this stuff..
http://www.thewolfweb.com/message_topic.aspx?topic=533535&page=22


Thank you APCrook for being nice and responding to this test.
I hope there are strengths to my case, but I guess we will not know for a long time.
First..the first office a state trooper was sitting off to the right at the corner of Hillsborough(where it connects to NC 54 and Blue Ridge road. Where the lights are blinking and you are facing the cop and the railroad tracks. What he said I did wrong was I did not go straight and I went to the right (although I've told all of you I have done this numerous times for hurricanes, state basketball, football and this is the first I have EVER been pulled over) He was PISSED I went right...the guy waiving didn't get mad, didn't freak out or try to stop me (and believe me I have seen cops directing traffic jump in front of a car or continue to whistle when you go against their "traffic flow" as I am charged for failing to comply with.

You are right on second portion. I answered everything, I was respectful and the SECOND cop said that..First off after talking to my lawyer the dude put his hands in my car and had me follow his fingers to the left and right...didn't ask me, TOLD me to. When I got out he didn't do any field tests...he did however made me blow and wrote down a bunch of stuff. Then he called the other trooper (who I assume is from here because he obviously wasn't so couldn't go further) when that officer arrived he MADE me blow and wouldn't show ( i thought I saw 0.05 and he kept holding the button) Anyways he had me do heel to toe in a line front and then spin around and come back. I am SURE I passed this but he never told me results ( i guess lawyer will find out?-but I will FIGHT that I passed it, I HOPE there is a camera on me during it)
the other test he had me stand on one leg and i did even though it hurt (don't laugh i do stairs daily) and I stood there and counted one-one thousand, and so on to 30 and i will be honest eventually you could get tongue tied but I counted correctly (Hope that is on there too)------how could the chaos of leaving a game help with credibility (any idea?)


I figured they will have to subpoena both officers whenever the time comes for my case ( I would assume months later?) I never thought about this but are there ALWAYS 2 officers for DWI's or just one? If two officers were involved (one who conducted the stop and investigation and one who administered the preliminary breath test) shouldn't both be present in court when my case goes to trial for all test results to be admitted into evidence???? figured this could be problematic and work to my advantage?

i've figured some lawyers have beaten what were bad cases on paper because certain pieces of evidence were inadmissible at trial when the necessary officer was not present? he cop who had me blow at hammond road was NOT the same guy who originally pulled me/wanted to arrest me?


Sorry for such a long response...

Thanks as always.

11/19/2014 6:46:35 PM

Restricted
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The alcohol screening test device results are not admissible; unless the defense introduces them or the judge lets the state testify to a positive or negative result. Also, Standardized Field Sobreity Testing is not really pass/fail per se. What an officer is looking for in the test might not be what you think they are looking for.

11/19/2014 8:26:46 PM

sag1804
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I always think of this from my Logic classes..

The second exception to the appeal to ignorance relates to courtroom procedure. In the United States and a few other countries, a person is presumed innocent until proven guilty. If the prosecutor in a criminal trial fails to prove the guilt of the defendant beyond reasonable doubt, counsel for the defense may justifiably argue that his or her client is not guilty. Example:

Members of the jury, you have heard the prosecution present its case against the defendant. Nothing, however, has been proved beyond a reasonable doubt. Therefore, under the law, the defendant is not guilty.

11/20/2014 1:07:01 AM

jbrick83
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Quote :
"Also, Standardized Field Sobreity Testing is not really pass/fail per se."


It's not....but it's great evidence in a jury trial (for either side).

11/20/2014 9:03:56 AM

PaulISdead
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OP please create a diagram/map of the stop.

11/20/2014 9:30:55 AM

skaterjaws
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^wow either you know me or know who I am or know how I made the worst snap chat pic to try to somewhat show someone. If you show me how to post a picture I'll show you the grandest snap chat I could try to make showing this.

11/20/2014 10:19:09 AM

dtownral
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http://brentroad.com/photo_add.aspx

11/20/2014 10:37:59 AM

skaterjaws
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[image]http://http://brentroad.com/photo_photo.aspx?user=34543&photo=533061[/image]

[Edited on November 20, 2014 at 10:56 AM. Reason : Ok]

11/20/2014 10:54:07 AM

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