Did you get a traffic ticket in Mecklenburg County recently? With the toll road construction happening on I-77, it isn’t hard to receive a citation. The construction has caused traffic problems in the area. In order to avoid the traffic problems, many people have made illegal turns, u-turns, red light, and stop sign violations.
It’s quite easy to get frustrated waiting in traffic and make an unlawful, or what is perceived as unlawful, movement in order to escape the traffic.
Should you hire a traffic lawyer to handle your traffic ticket in Mecklenburg County? First, many traffic tickets are moving violations, which lead to license and insurance points. Additional points on your license and insurance will cause your insurance rates to increase, this can cost a substantial amount of money.
Instead of paying off a traffic ticket or attempting to handle the ticket yourself, consider hiring a traffic lawyer. A traffic lawyer can save you money by attempting to get your violation turned into a non-moving violation.
Hiring a traffic lawyer will also, often times, prevent you from having to go to court in Mecklenburg County.
Thus, if you get a traffic ticket or traffic citation in Mecklenburg County you should seriously consider hiring a traffic lawyer. Not only will your traffic lawyer attempt to get you a better deal, they will often save you money in the long-term.
If you are in need of a traffic lawyer in Mecklenburg County: Charlotte, NC, Cornelius, NC, Huntersville NC, Davidson NC, or the Lake Norman area, contact Adkins Law PLLC. Although the practice focuses on representation in Mecklenburg County, Adkins Law PLLC also represents individuals in a variety of counties. Contact Adkins Law PLLC if you require assistance in handling a traffic citation.
North Carolina state law requires that child support be determined by a formula through the North Carolina Child Support Guidelines. These guidelines assume that the child should receive a proportional amount of each parent’s monthly income as if they lived together. Thee guidelines are intended to meet the needs of the children, while remaining fair to both parties.
Child support orders specify the amount of money that a non-custodial parent must pay. The formula used to calculate the amount of support necessary involves two steps.
These guidelines also consider other biological children each party may have, as well as child care costs and medical insurance costs for the child(ren) in the order.
You should also know that:
How does the process work?
The non-custodial parents are served with a Civil Summons and Complaint. They can respond to these documents in one of the following ways:
If the non-custodial parent does not respond or appear in court, the court will accept the information contained in the Complaint to Establish Support as true and will issue an order to pay child support based on that information.
It is always easier for everyone if both parties work together to establish a child support order. By reaching an agreement that is based on the North Carolina Child Support Guidelines, a court hearing is not required.
The Mecklenburg County Office of Child Support Enforcement (CSE) works to ensure that both parties are responsible for the financial support of their children. The CSE offers services regardless of income.
What services are provided by CSE?
It is recommended that you contact a private attorney to discuss concerns that may seem similar to child support, such as custody, visitation, or spousal support. In order to receive services from the CSE, you must complete an application. The application is available online at ChildSupportEZapply.com.
What do I need to apply for these services?
Once you have completed all sections and submitted all required documents, the CSE will review your application and decide the appropriate course of action. It is important to understand that by submitting an application to the CSE, you are agreeing to respond to all requests for further information, appear for interviews and court hearing, submit to any paternity testing, notify the office of any changes in your status, remain cooperative, and stay involved in your case through the entire process.
An eviction is a process that allows a landlord to lawfully remove a tenant from the leased premises. In North Carolina, this can be a long and/or tedious process. There are four basic reasons that permit the eviction of a tenant:
When filing for an eviction, as the landlord, it is important to understand that even if the eviction is justified, the tenants can always find some way to defend themselves. Because of this, it is best that the landlord do their research before beginning the eviction process in order to know what is coming their way.
Nonpayment of rent
If a landlord is looking to evict their tenant due to a nonpayment of rent, the landlord must give a 10-day “notice to quit.” This notice to quit is a demand for payment by the landlord. Beginning on the day the notice is brought to the attention of the tenant, he or she has 10 days to pay their rent before the landlord is allowed to follow up with an eviction. The landlord cannot file for eviction until after the 10-day notice has been given and the tenant has failed to comply.
When a tenant remains on the premises after their lease or rental agreement has ended, they are known as a holdover tenant. As a landlord, you are not obligated to renew a lease with your tenant at the end of the current lease. If the landlord does not choose to renew the lease with their tenant, the tenant must then surrender possession of the property at the end of the current lease. Although a landlord has every right to not renew a lease, they are required to provide a termination notice prior to the end of the current lease. The criteria of this termination notice is listed below:
This notice of termination is also called an unconditional notice to quit, which says when the lease expires and states a deadline by which the tenant must vacate. If the tenant does not comply with the above notice, the landlord may proceed with the eviction process.
Violation of Lease
As a landlord, you have the legal right to evict your tenant if you find that they have violated or breached a specific condition of the lease. Such breaches may be that they have a pet even though the lease clearly states that pets are not allowed, or they have damaged property without making any reparations. Any willful or intentional damages made to the property are subject to a misdemeanor in the state of North Carolina. In a situation where a tenant has violated the lease, the landlord has no legal obligations to provide a notice before evicting the tenant. Unless the lease requires notice and an opportunity to cure, the landlord can file eviction papers upon learning of a violation.
Illegal Criminal Activity
For landlords looking to evict their tenant due to illegal criminal activity taking place on the premises, the state of North Carolina has an expedited eviction process.
Defense by Tenants
There are seven main defenses tenants may use to fight an eviction in North Carolina. While some of these defenses only relate to one or two of the reasons for eviction, most of them are applicable to all four reasons to evict a tenant.
Serving Eviction Papers in North Carolina
After providing the tenant with a required notice, the landlord may then file for the eviction process through either the small claims court or the district court. It is important that the summons and the complaint are filed in the county in which the rental property is located. A complaint is a legal document that states the reasons one party seeks legal action against another. A clerk will provide a form titled “complaint in summary ejectment.” When filling out this complaint, the landlord must list all tenants whose names appear on the lease or rental agreement. A summons is a legal document that notifies a defendant (the tenant) that an action has been commenced. The summons will state a date and time on which the tenant should appear at a specified location to answer the complaint.
Once the landlord has filled out all of the necessary paperwork, the county sheriff will serve the tenant with the summons and a copy of the complaint. After receiving these papers, the tenant may do one of two things: vacate the premises or fight the eviction at the eviction hearing. The tenant is not required to appear at the eviction hearing, however, it is highly recommended. If the tenant does not appear in court, it is known as a default judgment, meaning that the landlord automatically wins. After winning the eviction hearing or appeal, the landlord will then file for a “writ of possession,” which allows the landlord to forcibly remove the tenant from the premises. If the tenant remains on the property, the county sheriff will accompany the landlord and padlock the premises within seven days of receiving the writ of possession.
By Christopher Adkins
If you have been out drinking and are stopped by the police while driving home, what should you do? I will give you the most lawyerly answer possible: IT DEPENDS. I say that because it really does depend on a number of things. How much have you had to drink? Have you eaten anything recently? How long of a period of time were you drinking? How much do you weigh? These are all factors that will weigh into determining your BAC and whether you may legally drive.
If, for example, you are a 200 pound man who had two 5% ABV beers with dinner over a one hour period before driving, your probably okay to drive. A rough estimate of BAC in that situation would put you somewhere around a .03 to a .04. If you had, however four 5% beers over that same time period, you might be somewhere around .08 to .09 and it probably would be best not to drive. A woman who weighs 120 pounds, who consumes four 5% beers over the period of an hour might be as high as a .17 to .18. These aren't exact numbers, of course, as alcohol may affect people differently. It does give you an idea, however, of what kind of factors may play into determining your BAC.
In that scenario, if you were the 200 pound man who had two beers over the course of an hour, it might be wise to submit to an Alcosensor test and standard field sobriety tests. It may show the police that you are indeed sober and that you are able to drive a vehicle. If you were the 200 pound man who consumed four beers over the course of an hour, I would not submit to any testing whatsoever. In that situation, all you would be doing is providing the police with evidence to use against you in court.
You also have to consider the field sobriety tests that you are taking. Some people and attorneys might tell you that they are designed to trip you up. This isn't true. They are designed to allow the officer to make his best determination as to your BAC and ability to operate a motor vehicle. Determining BAC and whether someone is sober enough to drive is NOT an exact science. The police officers are doing the best they can with the training they are provided. This being said, the fact that this testing is NOT an exact science works to your advantage.
Many people don't realize the certain factors that may considerably throw off a field sobriety test. The Horizontal Gaze Nystagmus test (HGN), for example, may be thrown off entirely if the subject has sustained a traumatic brain injury (TBI). A TBI may cause resting nystagmus and the artificial triggering of nystagmus at levels not found in average people. This may also be true if the subject is wearing contacts, has to take off his prescription glasses, or has had eye surgery. All these factors may produce false positives for HGN.
Both the Walk and Turn (WAT) and the One Leg Stand (OLS) may be thrown off if a subject has sustained previous injuries to their legs or lower body. A person who has a sprained ankle, for example, will not be able to walk or stand the same way as a person who has not. Also consider what type of footwear the subject is wearing and the surface in which the subject is taking the test. If a subject is trying to perform the WAT in high-heels on a slight incline, they probably aren't going to perform the test as well as a subject in sneakers on a flat surface.
All these factors must be considered before agreeing to take any type of field sobriety test. If you absolutely know that you've had too much to drink, I would not advise that any person submit to a field sobriety test. In these cases, the testing will only serve to be used as evidence against you in court.
One of the rarest, but most effective, tools a person may use when they are stopped by the police after they have been drinking is the pre-arrest test. As discussed in the pre-arrest test section, North Carolina allows a person to be transported, un-arrested, to provide a breath sample. As this is a rarely exercised right, many police officers are unsure of the procedures that they must follow when a person requests a pre-arrest test. If the police officer doesn't follow the procedures correctly, or unlawfully places you under arrest after you request a pre-arrest test, you may be able to win your case in court. Even once you are transported to a location to provide a breath sample, you may refuse to exercise the pre-arrest test. At this point, the officer will have to decide whether they want to arrest you and how to best proceed in collecting evidence against you. This will inevitably pose difficulties for the officer.
If you are arrested roadside and transported to provide a sample of your breath, always request that a witness come observe your test. You are provided this right and a witness may observe you give your breath sample if they are able to get to the testing site fast enough. In no case will the testing procedures be delayed more than 30 minutes when you request that a witness come observe your test. If, however, a witness arrives in time to see your test, and is denied the ability to come watch you blow, you may have established a defense as your rights may have been violated. Requesting a witness may also provide you with a little more time to try and sober up. If you are on the cusp of a .08, time is important.
If you suffer from gastroespphageal reflux disease (GERD), and this affected you ability to provide an adequate breath sample, you also may be able to establish a defense against your DWI charge. Burping before your breath test, or digestive conditions, such as GERD, may lead to the presence of residual mouth alcohol. Residual mouth alcohol occurs when alcohol you have digested is burped up into the mouth. Residual mouth alcohol will substantially alter the results of any breath test that you submit to. It is important to note if you suffer from digestive conditions or remember burping before providing a breath sample.
If you are arrested for DWI, you are processed through jail and released as fast as possible. This is because you have the statutory right to seek an independent chemical analysis upon your release. After being released, you may go to a hospital or other alcohol testing facility and pay to have your own independent alcohol test. You may use the results as evidence of your alleged BAC. If possible, do seek to go to a hospital to get an independent blood alcohol test immediately upon your release. Although this may only serve to confirm the results taken by the police, at least you have an independent test that may prove your BAC was lower than the state is alleging. Also be sure to note if you aren't released soon after your arrest and subsequent testing. This may set the grounds for a defense for a Knoll Motion. If you aren't released soon after your DWI arrest, you aren't able to seek your independent chemical analysis, and thus you were deprived of your statutory rights.
As with any legal issue, it is important to document exactly what happened to the best of your recollection as soon as you are able to. This will help strengthen your defense. Ultimately, it is your decision as to what is best for you if you have been stopped by the police and having been drinking. If you do drink before you drive, even the occasional one or two drinks at a social event, you need to be educated as to your rights so you are able to make an informed decision. I can't advise you directly whether you should take a specific test or not. I will say, based on over a thousand DWI investigations and hundreds of DWI arrests, it is usually best to avoid admitting to anything, avoid taking any tests, and avoid saying much at all. The best strategy is to be polite, respectful, and assertive as to your rights.
Contact Adkins Law if you need to speak to a DWI attorney / DUI attorney. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
A common issue co-parents have in rearing their children involves modifying or changing their child custody arrangement once a permanent order has been entered. Just because an order is deemed permanent, does not necessarily mean that it cannot be changed. Specifically, permanent child custody orders may be modified in two situations:
When a parent violates a court order, they may be found in contempt. A finding of contempt alone may not justify the modification of a child custody order. If the violation, however, is deemed to be serious enough to warrant a changed circumstance as for the custody arrangement, the custody or visitation order may be modified. The intent is not to punish the parent who violates the order, but instead to modify the order in the best interests of the child.
When one or both parents allege that there has been a change in circumstances that affects the child, a modification to the existing child custody order may be made. A substantial change of circumstances may involve something that changes the child’s wellbeing, relationship with their parents, the child’s personal wishes and desires, the conduct of the parents, and the child’s environment and living situation. The change must be substantial, and it must affect the child. This affect does not have to be adverse, but can be positive as well.
If you need to speak to a child custody attorney in regards to modifying an existing child custody order, contact Adkins Law. Adkins Law focuses primarily on family law matters, and has locations in Huntersville and south Charlotte.