Did you receive a citation to appear in Mecklenburg County Courtroom 1130? Courtroom 1130, also referred to as first appearance court, is an administrative criminal court that handles misdemeanor and traffic cases. There are no trials held in this courtroom. Instead, this is where many cases are handled before they are required to go to district court. To handle the high volume of misdemeanor and traffic cases in Mecklenburg County, the state attempts to do the following in courtroom 1130: 1. Reduce traffic tickets at the discretion of an assistant district attorney 2. Accept pleas of guilty 3. Set trial dates when the defendant pleads not guilty 4. Advises defendants of their rights to a court appoint attorney 5. Provides defendants with options for enrollment in diversion programs such as defensive driving school, drug education school, deferred prosecution, worthless check program, and the dispute settlement program. If you have received a citation and are required to appear in courtroom 1130, it is highly advisable that you seek the assistance of a criminal defense attorney. If you would like to schedule a free consultation with a criminal defense attorney, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the greater Charlotte area. This is a common question: Do I have to come to court? In most cases, if you are represented by an attorney, you may waive your court appearance for your traffic ticket. Instead, your attorney appears on your behalf, handles your matter, and you never have to appear. Not having to miss work or school is a huge reason to hire a traffic lawyer to handle your traffic ticket. Not only may this save you money, more importantly, it saves you time. I’ve included the statute below, which authorizes waiver of appearance. § 15A-1011. Pleas in district and superior courts; waiver of appearance. (a) A defendant may plead not guilty, guilty, or no contest "(nolo contendere)." A plea may be received only from the defendant himself in open court except when:
(b) A defendant may plead no contest only with the consent of the prosecutor and the presiding judge. (c) Upon entry of a plea of guilty or no contest or after conviction on a plea of not guilty, the defendant may request permission to enter a plea of guilty or no contest as to other crimes with which he is charged in the same or another prosecutorial district as defined in G.S. 7A-60. A defendant may not enter any plea to crimes charged in another prosecutorial district as defined in G.S. 7A-60 unless the district attorney of that district consents in writing to the entry of such plea. The prosecutor or his representative may appear in person or by filing an affidavit as to the nature of the evidence gathered as to these other crimes. Entry of a plea under this subsection constitutes a waiver of venue. A superior court is granted jurisdiction to accept the plea, upon an appropriate indictment or information, even though the case may otherwise be within the exclusive original jurisdiction of the district court. A district court may accept pleas under this section only in cases within the original jurisdiction of the district court and in cases within the concurrent jurisdiction of the district and superior courts pursuant to G.S. 7A-272(c). (d) A defendant may execute a written waiver of appearance and plead not guilty and designate legal counsel to appear in his behalf in the following circumstances:
(e) In the event the judge shall permit the procedure set forth in the foregoing subsection (d), the State may offer evidence and the defendant may offer evidence, with right of cross-examination of witnesses, and the other procedures, including the right of the prosecutor to dismiss the charges, shall be the same as in any other criminal case, except for the absence of defendant. If you need legal advice regarding a traffic citation and would like to speak with a traffic lawyer at a law firm in Huntersville NC, please contact Adkins Law for a free traffic consultation. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.
Did you get a traffic ticket in Mecklenburg County? Traffic tickets, especially moving violations such as speeding tickets, can be very expensive. The true cost of your traffic ticket is much more than your fine. Not only will you be assessed court costs, which are way more expensive that the fine itself, but your insurance rates will typically increase. If you get a speeding ticket in Mecklenburg County, you can expect to have points assessed against your insurance. These points are different than the points that are assessed against your driver’s license. Depending on your driving record, a traffic lawyer in Mecklenburg County may be able to have your speeding ticket reduced to a non-moving violation. A non-moving violation, such as improper equipment, prevents your insurance rates from increasing because no points are assessed against your insurance. Although the court costs and fines associated with an improper equipment violation are currently $263.00 in Mecklenburg County, preventing your insurance rates from increasing will save you hundreds of dollars or more over the long term. Plus, this keeps points off your insurance in the case of future traffic violations. If you got a traffic ticket in Mecklenburg County, contact Adkins Law PLLC for a free traffic consultation with a traffic lawyer. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Did you get a traffic ticket in Cornelius NC? With the road construction going on recently around I-77, it isn’t hard to do. The construction has caused severe traffic problems and delays in the area. In order to avoid the traffic problems, many people have made illegal turns, u-turns, red light, and stop sign violations. As a matter of fact, the Cornelius Police have been targeting the construction area near I-77 to issue traffic tickets. 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 Cornelius NC? Traffic lawyers in Cornelius NC may assist you in a number of ways. 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 costs money. Instead of paying off a traffic ticket or attempting to handle the ticket yourself, consider hiring a traffic lawyer in Cornelius NC. A traffic lawyer can save you money by attempting to get your moving violation turned into a non-moving violation. Hiring a traffic ticket in Cornelius NC will also, often times, prevent you from having to go to court in Charlotte NC. Having to attend court means spending the better part of a day in Charlotte away from work. This can be frustrating and confusing. Thus, if you get a traffic ticket or traffic citation in Cornelius NC, consider hiring a traffic lawyer. Not only will your traffic lawyer attempt to get you a better deal, they will often save you an abundance of money in the long-term. If you are in need of a traffic lawyer in Cornelius NC, Huntersville NC, Davidson NC, or the Lake Norman area, contact Adkins Law PLLC. Adkins Law is located in Huntersville NC and serves the Huntersville, Cornelius, Davidson, and Charlotte area. Although the practice focuses on representation in Mecklenburg County, Adkins Law PLLC also represents individuals in Iredell County, Gaston County, Cabarrus County, and Rowan County. Please contact Adkins Law if you require assistance in handling a traffic citation or if you would like to speak directly to a traffic ticket lawyer. So you got a speeding ticket in Huntersville, NC? You really should consider hiring a traffic lawyer to handle the matter for you. A lawyer is able to go to court on your behalf and attempt to negotiate a deal for you. In most situations, you never have to come to court. Instead, your attorney may be able to handle the entire matter for you without you ever having to come to court. Depending on your driving history and the severity of your speeding ticket, a lawyer may be able to negotiate a deal where you plead guilty to a non-moving violation such as improper equipment. This benefits you because a non-moving violation will not assess points to your driver’s license or insurance. Over the long-term, this will save you a lot of money. The cost of hiring an attorney often isn’t cheap. Of course, traffic tickets aren’t cheap. The true, long-term cost of an average ticket in Mecklenburg County is somewhere around $1600. Instead of simply paying the citation off or negotiating what you may think is a good deal, consider speaking with a traffic attorney first. If a traffic lawyer is often able to negotiate a plea where you are only responsible for a non-moving violation, this will save you an abundance of money in the long run. Adkins Law PLLC is located in Huntersville, NC and primarily serves Huntersville, Cornelius, Davidson, Denver, Charlotte, Mecklenburg County, Iredell County, Cabarrus County, Gaston County, and the Lake Norman area. Contact Adkins Law to speak directly to a DWI lawyer / DUI lawyer in the Huntersville, NC area. The real cost of a traffic ticket in Huntersville, NC is much more than the $30 or so fine. The true cost, over the course of the next three years, is going to be more like $1600. Your $30 traffic ticket for speeding also requires you to pay for court costs, which are usually $188. Additionally, if convicted for a moving violation, you'll be assessed points against your driving record and insurance points. These points will cause your insurance rates to increase dramatically over the next three years. Thus, with the additional court costs and insurance expenses, your traffic ticket will really cost you closer to $1600 than the nominal fine. Why are you telling me this? Primarily because a traffic attorney may be able to negotiate a better deal for you and avoid having points assessed against your license. Hiring an experienced traffic lawyer in Huntersville, NC for a traffic ticket will ensure that someone is trying to get you a better deal. Simply paying the fine and court costs will earn you a conviction on your driving record and an increase in insurance rates (for moving violations). A traffic lawyer may be able to negotiate your ticket to a non-moving violation such as improper equipment or at least get you a reduction in speed. Paying a traffic ticket attorney to do this for you may potentially save you a lot of money. Additionally, if your traffic ticket lawyer is able to have the ticket voluntarily dismissed, you won't be responsible for the fine and court costs. Instead, all you will pay is your attorney fees. Adkins Law PLLC is located in Huntersville, North Carolina and serves Huntersville, Cornelius, Davidson, Denver, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Contact Adkins Law to schedule a free consultation with a traffic lawyer, traffic attorney, speeding ticket lawyer, traffic ticket lawyer in Huntersville, NC. Most DWI lawyers / DUI lawyers in Charlotte, North Carolina have had DWI cases in either the Park Road Shopping Center area or Plaza Midwood area. These are two of the most prominent areas for DWIs in Charlotte, NC. The Charlotte-Mecklenburg Police Department (CMPD) has police officers whose only job is DWI / DUI enforcement in these areas. Park Road Shopping Center area The Park Road Shopping Center area is extremely popular for police officers to make DWI arrests. Not only are there numerous bars on Montford Drive and in the immediate vicinity, many impaired drivers use Park Road to drive home after drinking downtown. Probably the best hiding spot for a CMPD DWI enforcement officer in this area is behind the Taco Bell at the intersection of Montford Drive and East Woodlawn Road. DWI / DUI enforcement officers will back in behind the Taco Bell so they cannot be seen by drivers on Montford Drive heading to E. Woodlawn Rd. The stop sign at this intersection is run by a high number of drivers. This is true whether the driver is impaired or not because the stop line sits farther back than the actual sign. Thus, on Friday or Saturday night, it is very easy for a police officer to hide here, stop vehicles for running the stop sign, and make DWI / DUI arrests. It is never advisable to drink and drive. If you drink, always have a plan to get home that doesn’t include you driving. If you have had a drink and decide to drive home, avoid driving on Montford Dr. if at all possible. Definitely do not drive through the intersection at Montford Dr. and E. Woodlawn Rd. Plaza Midwood The Plaza Midwood area is another DWI / DUI hotspot in Charlotte, NC. One of the most popular spots for CMPD DWI / DUI enforcement officers to hide here is off of Commonwealth Avenue in between Gordon Street and Thomas Street. There are plenty of places for police officers to back in, hide, and observe the two stop signs facing Commonwealth Avenue here. Given the high number of bars in the area, on a Friday or Saturday night, it isn’t long before an officer will observe a stop sign violation, initiate a traffic stop, and make a DWI arrest. If you frequent the bars in Plaza Midwood, do not drive afterwards. If you do, definitely avoid Commonwealth Ave. between Thomas St. and Gordon St. There are plenty of other DWI / DUI hotspots in Charlotte, NC. The NODA area and Uptown area also have plenty of DWI hotspots where DWI enforcement officers hide. The best plan of action is not to drink and drive. Of course, everyone makes mistakes and alcohol impairs your ability to make wise decisions. Do your best to make a plan to safely get home. And, make sure you always have the number of a good DWI / DUI lawyer in Charlotte, NC in your wallet just in case. Contact Adkins Law to schedule a free DWI consultation with a DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. A review of the top four items that a police officer looks for to initiate a traffic stop in the Huntersville and Lake Norman area. Learn these items and ensure that they are valid and fixed before you drive in Huntersville, Cornelius, Davidson, and the Lake Norman area. OVERVIEW If the police want to stop a vehicle, most times they can find a reason. This may require the police following your for several blocks or miles, but they usually can find a reason. Whether this reason constitutes reasonable suspicion to justify the stop is another matter. In order for the police to legally be able to stop you, they must have at least reasonable suspicion. Some people refer to this as reasonable, articulable suspicion or just simply RS. While the police may have probable cause to stop you, which is a higher standard than reasonable suspicion, all that is required to justify the stop is reasonable suspicion. Without reasonable suspicion for the stop, any evidence seized or arrest made pursuant to the stop is unconstitutional. LICENSE PLATE / TAG When a police officer is behind you in traffic, or even in the close vicinity of your vehicle, it is very possible that they are running your tag. It's kind of like fishing for a police officer: you run enough tags and eventually you are going to get a bite. North Carolina courts have ruled that because license tags are open to public view, a driver has no reasonable expectation of privacy in his tag, and thus a police officer may run your tag without reason. When the officer runs your tag, he enters it into the computer in his vehicle, which determines whether the license plate is current, matches the vehicle, and provides information concerning vehicle inspection. If anything is wrong with the vehicle, the officer is justified in conducting a traffic stop to further investigate. Based on the investigation, the officer may issue a citation or develop probable cause for an arrest. DRIVERS LICENSE Running a license tag will also give an officer information on the registered owner of the vehicle. The officer is made aware of the license status of the registered owner and whether that person has any outstanding warrants. By comparing the description of the registered owner provided by DMV to the description of the person driving the vehicle, the officer is justified in making a traffic stop. Upon investigation, if the driver is determined to be the registered owner with a defective license or warrant, the officer may issue a citation or make an arrest. TRAFFIC VIOLATION If an officer gets behind you and is looking for a reason to initiate a traffic stop, he will probably follow you for a while to see if you violate a traffic law. The officer is usually waiting for you to commit a common traffic violation such as changing lanes without signaling (if you aren't clear to do so), speeding (usually more than 5mph above the posted speed limit), or failing to come to a complete stop at a stop sign. According to the United States Supreme Court, even if the officer wants to make a stop based on a pre-textual basis, as long as the officer has reasonable suspicion to make the stop, the stop is valid. In other words, if an officer thinks you are DWI / DUI and the true reason for his stop is to investigate the DWI, as long as he has some reasonable suspicion to make a traffic stop, the stop will be upheld as valid. VEHICLE EQUIPMENT The big items an officer looks for here are window tint, improper display of tags and license plate stickers, and broken headlights or taillights. An officer may also look for such things as excessively loud mufflers or worn tires. If the officer wants to stop you, he will look hard to find a reason and a defect in your vehicle. CONCLUSION To put it simply, if a police officer wants to make a traffic stop on a vehicle, it is usually pretty easy to find a reason. The officer may have to follow you for a while, but the chances are that you won't be able to drive perfect forever. A lot of courts frown upon officers who follow citizens around looking for a reason to stop them. There is something un-American about following citizens around, interfering with their freedom of movement, and waiting for them to commit a traffic violation. The best thing you can do is ensure that your license, license plate, and vehicle are all valid, updated, and in good order before you drive. When an officer gets behind you and appears to be looking for a reason to initiate a traffic stop, do your best to obey all traffic laws and not to speed. You may want to pull over, park, and walk in a business if the officer appears to be obstructing your freedom of movement and making you nervous. Most police officers are good people and are looking out for your best interests. They're still quick to write you a citation and / or arrest you if they believe you've violated the law. Take precautions to protect yourself! Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, and Cabarrus County. The Standardized Field Sobriety Testing (SFST) battery consists of three tests: (1) Horizontal Gaze Nystagmus (HGN), (2) Walk and Turn (WAT), and (3) One Leg Stand (OLS). These tests help the officer to determine impairment and establish probable cause for arrest. HORIZONTAL GAZE NYSTAGMUS (HGN) Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye, which is exaggerated when a person is under the influence of alcohol. During the HGN test, the officer will observe the eyes of a suspect as they follow a stimulus (such as a pen or small flashlight) held 12 to 15 inches in front of them. As the stimulus is moved horizontally, the officer looks for three indicators of impairment in each eye. The officer looks to see if (1) the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset for the jerking is within 45 degrees of center. There are a total of 6 clues the officer is looking for, 3 in each eye. If the officer detects 4 or more clues, research suggests that there is an 88% chance that the suspect has a BAC of at least 0.08. WALK AND TURN (WAT) The Walk and Turn (WAT) test is a divided attention test, which requires a suspect to listen and follow instructions while performing a physical act. People who are impaired have difficulty performing tasks that require dividing their attention between simple mental and physical exercises. The WAT requires a suspect to take 9 steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn around on one foot and take 9 steps back, heel-to-toe, along the same straight line. The WAT has a total of 8 clues the officer is looking for: (1) Can't keep balance while listening to instructions, (2) Starts too soon, (3) Stops walking to steady self / regain balance, (4) Misses heel-to-toe, (5) Steps off the line, (6) Use arms for balance or raises arms over 6 inches, (7) Improper turn (loses balance, stumbles, or turns in a way other than officer demonstrated), and (8) Incorrect number of steps performed. Research suggests that when a suspect demonstrates 2 or more of the 8 clues, there is a 79% probability that the suspect will have a BAC of at least 0.08. ONE LEG STAND (OLS) The One Leg Stand (OLS) is another divided attention test. The OLS requires the suspect to stand with one foot approximately 6 inches off the ground while counting out loud by thousands. The suspect will not be told how long the test lasts and will be required to continue until requested to put his foot down. The officer will time the suspect for a period of 30 seconds. In the OLS, the officer will look for the following 4 clues of impairment: (1) Sways while balancing, (2) Uses arms to balance or raises arms over 6 inches, (3) Hopping, and (4) Putting their foot down before the 30 second period elapses. If the suspect puts their foot down 3 times, they are unable to perform the test. NHTSA research suggests 83% of suspects who display 2 or more clues have a BAC of at least 0.08. Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, and Cabarrus County. |
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