Criminal and Traffic

Our law firm handles all types of criminal cases, including traffic offenses, misdemeanors, and DUI charges.

Facing criminal charges can be an emotional rollercoaster. You may feel overwhelmed, anxious, or uncertain about what comes next. When your future is on the line, it’s crucial to have a skilled criminal defense attorney by your side. Law enforcement may suggest that speaking with them without a lawyer could work in your favor or help your case—but in reality, that rarely works out as they say.

Why Hire a Criminal Defense Attorney?

There are many compelling reasons to hire an experienced criminal defense attorney when facing criminal charges. Despite what law enforcement may imply, talking to them without legal representation could do more harm than good. Here are some of the key reasons to seek professional legal help:

Protecting Your Rights
A criminal defense attorney ensures your constitutional rights are upheld throughout the legal process. This includes your right to remain silent, the right to an attorney, and the right to a fair trial.

Legal Expertise
Navigating the criminal justice system can be complex. A defense attorney brings the legal knowledge necessary to help you understand the charges, the potential consequences, and your options moving forward.

Building a Strong Defense
Your attorney will work to craft a solid defense tailored to your case. This includes analyzing the evidence, investigating the circumstances surrounding your charges, and identifying weaknesses in the prosecution’s case.

Negotiating Plea Deals
In some situations, your attorney may be able to negotiate a plea deal with the prosecution to reduce the charges or secure a lesser sentence, potentially avoiding a lengthy trial.

Courtroom Advocacy
If your case goes to trial, your attorney will represent you in court, presenting your defense, cross-examining witnesses, and making compelling arguments on your behalf.

Traffic Tickets

Reduce or Dismiss Traffic Violations in Wake County with Our Help

If you’ve received a traffic ticket in Wake County, our Raleigh traffic ticket attorneys can help you navigate the legal process and minimize the consequences. Whether it’s proving your innocence, reducing fines, or negotiating plea bargains to have charges dropped, having an experienced lawyer on your side is crucial.

A, we specialize in local traffic laws and regulations, providing tailored advice on the best legal course of action. With extensive experience, we know how to leverage legal technicalities and defend clients against serious charges like reckless driving or DUI.

Should I Hire a Lawyer for a Traffic Violation in Wake County?

It might seem easier to simply pay your speeding ticket or traffic fine and move on, but doing so comes with consequences. Paying a ticket is essentially admitting guilt, which can lead to points on your driving record, increased insurance premiums, and potential long-term consequences, such as the loss of driving privileges.

Don’t Risk Losing Your License
You have the right to challenge any traffic violation. Our experienced Raleigh traffic attorney can help you present your case in court, potentially reducing charges or getting them dismissed entirely. We handle a wide variety of traffic violations, including:

  • Speeding tickets
  • Unsafe lane changes
  • Stop sign violations
  • Centerline violations
  • Unsafe driving
  • Driving without insurance, expired registration, or inspection
  • Improper turns
  • Failure to yield
  • Careless or reckless driving
  • Racing and other driving infractions

When you work with us, we’ll thoroughly investigate your case and explore all possible defenses. Whether challenging the arrest, disputing the charges, or leveraging a clean driving record, we will help you understand your options and make the best decisions for your goals.

Common Questions About Traffic Tickets in North Carolina

Traffic tickets can be frustrating, but they don’t have to ruin your life. Below are answers to some frequently asked questions about traffic tickets in North Carolina.

Will I lose my license?
Whether you risk losing your license depends on the severity of the violation and your driving history. Serious offenses or accumulating excessive points can result in suspension or revocation. Consult with a legal professional to understand the specific consequences for your situation.

How do I get my license back?
If your license is suspended, you’ll need to meet the conditions set by the North Carolina DMV. This could include paying fines, completing courses, or serving the suspension period. Once the requirements are met, your license may be reinstated.

What happens if I don’t pay a traffic ticket?
Ignoring a traffic ticket can lead to late fees, increased fines, and even the suspension of your license. A Failure to Appear (FTA) charge could also be filed, causing further complications. It’s always best to address the ticket promptly.

What happens when I go to court?
At court, you’ll have the opportunity to present your case, provide evidence, and argue for a dismissal or reduction of charges. Be sure to bring any relevant documents or witnesses to support your defense.

Where do I park for court?
Parking availability depends on the court’s location. Plan ahead and arrive early to ensure smooth entry. You can check with the court beforehand for parking details.

What time do I have to be there?
Court times can vary, so refer to your court notice or contact the clerk to confirm your exact court time. Being on time is critical to avoid issues.

Can I negotiate a lower fine for a traffic ticket?
In some cases, you may be able to negotiate a reduced fine or charge, depending on the circumstances. A traffic lawyer can guide you through this process to potentially lower the financial burden.

Can I fight a traffic ticket without a lawyer?
Yes, but hiring a lawyer increases your chances of success. A skilled attorney can help you navigate the legal process, present a strong defense, and achieve a better outcome.

How does a CDL traffic ticket differ?
Traffic violations for Commercial Driver’s License (CDL) holders are more serious due to the nature of their work. Even minor infractions can lead to the suspension or revocation of a CDL, impacting your livelihood. It’s important to consult an attorney familiar with CDL-related cases.

How do I fight a speeding ticket in North Carolina?
Fighting a speeding ticket requires careful preparation. Our Raleigh traffic attorney can help you request a trial within 30 days of the ticket, gather evidence, and ensure it is admissible in court. Let us guide you through the process to secure the best possible outcome.

How do lawyers get traffic violations dismissed in North Carolina?
There are several strategies we use to dismiss traffic violations, such as:

  • Plea negotiations: We may be able to negotiate a reduced charge or dismissal in exchange for a guilty plea or other conditions, such as attending traffic school.
  • Challenging the evidence: We can dispute the accuracy of speed detection devices or the legality of the stop.
  • Cross-examining officers: We may identify weaknesses or inconsistencies in the officer’s testimony, leading to a dismissal.
  • Filing a motion to suppress: If the traffic stop was unlawful, we could argue to suppress evidence, potentially leading to case dismissal.

Do I have to go to court?
You don’t have to go to court if you choose to pay the ticket, waive it, or plead guilty. However, if you wish to contest the ticket, a court appearance is necessary.

What does it mean to “waive” a traffic offense? Should I do it?
Waiving means pleading guilty and paying the fine. This resolves the case quickly but results in points on your record, which could affect insurance rates. Always consult with an attorney before deciding to waive a ticket.

Can I handle a ticket issued in another county?
Yes, you can usually handle a ticket from another county in your home county, though the fine may be higher.

How will this ticket affect my license and insurance?
Minor infractions may result in fines, but serious violations can lead to license suspension or points added to your record. A traffic ticket can also increase your insurance premiums, depending on the offense.

Can I get a copy of my record and the accident report?
Yes, you can request your driving record from the North Carolina DMV and accident reports from the investigating agency.

How can I find out the final disposition of my case?
You can check your case status with the court or view online court records for your county.

What is an infraction ticket?
An infraction ticket is a citation for minor violations, such as speeding or expired registration. These don’t carry jail time but can lead to fines and points on your record.

What is a Prayer for Judgment?

A “prayer for judgment” allows you to request the court continue judgment on a case without entering a conviction. While North Carolina law does recognize this concept as a guilty plea, the lack of a verdict by the judge allows individuals who meet certain circumstances to use a PJC to plead guilty without financial consequences or a criminal record.

DWI

Driving While Impaired (DWI) is a serious offense in Raleigh, North Carolina, with severe penalties for those convicted. Although a first-time DWI is typically a misdemeanor, repeat offenders can face felony charges. North Carolina follows a 7-year “look-back” period, meaning if you get another DWI within seven years of your first conviction, it will result in harsher fines and longer jail sentences. This is why it’s crucial to seek the guidance of a skilled Wake County DWI or DUI attorney.

Some potential consequences of a DWI or DUI conviction in North Carolina include:

  • A 30-day license suspension
  • Up to 60 days in jail
  • Significant fines
  • Future difficulties in finding employment, housing, education, and securing loans

Attorney Evan Schreier is dedicated to providing personalized, compassionate legal support to his clients. We view our clients as more than just cases—they are individuals whose rights and freedoms matter to us deeply.

If you’ve been charged with a DUI or DWI, call Cotten Law Firm, PLLC at 984-900-8951 or contact us online to schedule a consultation with our experienced DUI & DWI attorney in Fuquay-Varina.

What’s the Difference Between DUI & DWI in North Carolina?

In North Carolina, “DUI” (Driving Under the Influence) and “DWI” (Driving While Impaired) refer to the same offense—driving under the influence of alcohol, drugs, or any other impairing substance. Legally, the term used in the state’s statutes is DWI.

So, while DUI and DWI are often used interchangeably in everyday conversation, in North Carolina, the official legal term is DWI.

North Carolina DWI Laws

You can be arrested for DWI in North Carolina if you’re suspected of drunk driving and your blood alcohol concentration (BAC) exceeds the legal limit. The BAC limit depends on the type of driver:

  • For drivers 21 or older: the legal BAC limit is .08%
  • For commercial drivers: the BAC limit is .04%
  • For drivers under 21: any detectable alcohol is grounds for a DWI charge

A skilled Wake County DWI attorney can explore different defense strategies to help protect you from the serious consequences of a DWI conviction.

What Does the Prosecution Need to Prove in a DWI Case?

In a DWI case in North Carolina, the prosecution must prove the following elements:

  1. You were driving.
  2. You were driving on a public highway, street, or parking lot.
  3. Your physical or mental abilities were “appreciably impaired” due to alcohol, drugs, or another substance, or your BAC was at or above the legal limit of .08%.

Our experienced DWI attorney in Raleigh can develop a defense strategy based on the unique facts of your case, seeking the best possible outcome.

How to Defend Against DWI Charges

Some of the most common defenses against DWI charges include:

  • Inaccurate or improperly administered field sobriety tests
  • An illegal traffic stop, lacking reasonable suspicion
  • Improper seizure of evidence
  • Conflicting witness testimony
  • Extenuating circumstances explaining a failed sobriety test, such as injury, anxiety, or exhaustion

Your defense strategy will depend on the specific facts surrounding your case. Working with an experienced DWI attorney will help you understand your options and how best to proceed.

Frequently Asked Questions About DWI Charges

If you’ve been charged with a DWI, you likely have many questions about what comes next. Here are some answers to common concerns:

How is DWI Determined?

DWI in North Carolina is determined by factors including:

  • Breathalyzer, blood alcohol, or other chemical test results
  • BAC levels (the legal limit for those 21 or older is .08%)
  • Driving behaviors, such as swerving or speeding
  • Physical signs of impairment, such as slurred speech, red eyes, or the smell of alcohol
  • The results of field sobriety tests, like the walk-and-turn or horizontal gaze nystagmus test

Even if your BAC is below the legal limit, if other signs of impairment are present, you could still face DWI charges.

Can I Refuse a Breathalyzer or Chemical Test?

Yes, you can refuse a breathalyzer or chemical test, but refusing can lead to severe consequences. North Carolina has an “implied consent” law, meaning by driving, you’ve agreed to submit to chemical testing if suspected of DWI. Refusing the test typically results in a one-year license suspension, though you may be eligible for limited driving privileges. You can also appeal the revocation.

Can My DWI Charge Be Reduced to a Lesser Offense?

In most cases, no. DWI charges in North Carolina are rarely reduced to a lesser offense like reckless driving. However, a skilled attorney can explore all available defenses and work to reduce the severity of the consequences, even if a reduction to a lesser charge is unlikely.

Can I Get a DWI Expunged from My Record?

Currently, DWI convictions cannot be expunged in North Carolina, regardless of whether the conviction results from a guilty plea or a trial verdict. This makes it especially important to fight the charge and explore all defense options to avoid a conviction.

Contact a DWI Lawyer in Raleigh Today

If you are facing a DUI or DWI charge in Raleigh, Evan Schreier, Attorney at Law is here to help. Our experienced legal team is dedicated to providing top-notch representation and support throughout your case. Whether this is your first DWI offense or you have a history of drunk driving convictions, we are committed to helping you navigate the process and protect your rights.

Don’t face these charges alone. Reach out today by calling us at 919-208-4255 or using our online form to schedule a consultation.

Get the Legal Help You Need
Don’t wait—take the first step toward defending your future by scheduling a free consultation with our experienced criminal defense attorney. Serving clients throughout Wake County and surrounding areas, we have the experience and resources to build a solid defense and fight for your rights.