Dui Lawyers
North Carolina DUI Lawyers Driving While Impaired Laws Charlotte County Private Property NC 20-4.01(32) Author: Atchuthan Sriskandarajah STATE OF NORTH CAROLINA v. WALTER BOBBY TURNER, JR. COURT OF APPEALS OF NORTH CAROLINA December 20, 1994, Filed When defendant returned to his mobile h...
North Carolina DUI Lawyers Driving While Impaired Laws Charlotte County Private Property NC 20-4.01(32)
Author: Atchuthan Sriskandarajah
STATE OF NORTH CAROLINA v. WALTER BOBBY TURNER, JR.
COURT OF APPEALS OF NORTH CAROLINA
December 20, 1994, Filed
When defendant returned to his mobile home, he encountered an officer of the Charlotte Police Department, who asked defendant whether he had been drinking. Defendant responded affirmatively. The officer placed defendant under arrest and transported him to the intake center. Defendant subsequently registered a blood alcohol content reading of .22 on the intoxilyzer machine. Defendant was charged by citation with driving while impaired. From a conviction in district court, he appealed to superior court, where he was found guilty of the offense by a jury. He appeals from a judgment suspending sentence imposed upon the conviction.
Issue:
- Whether the mobile home park in which the defendant drove was private property or a public vehicular area?
- Whether the trail court erred in defendant's conviction for driving while under the influence of an impairing substance?
The Court states that "Any area within the State of North Carolina that is generally open to and used by the public for vehicular traffic, including by way of illustration and not limitation any drive, driveway, road, roadway, street, alley, or parking lot. The term 'public vehicular area' shall also include . . . any road opened to vehicular traffic within or leading to a subdivision for use by subdivision residents, their guests, and members of the public, whether or not the subdivision roads have been offered for dedication to the public. The term 'public vehicular area' shall not be construed to mean any private property not generally open to and used by the public." The evidence shows that Timberline Mobile Home Park is owned by one individual, who has divided the property into lots for lease. The mobile home park thus fits within the foregoing definition of a subdivision. The evidence further shows that the streets are not marked by signs indicating the roads are private or by signs prohibiting trespassing, and that the streets are available for use by residents and their guests or other visitors. We therefore conclude that a jury could find that Ann Elizabeth Drive is a public vehicular area within the meaning of G.S. § 20-4.01(32).
This Court held that the trial court correctly denied defendant's motion to dismiss the charge.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
If she “got busted”, then there is no point taking it to court. The police have to make some pretty key mistakes for you to win against it.
Your friend is a danger to society and deserves what punishment they get. In some countries you get executed on your first DUI.
Anyone know any good DUI lawyers in Los Angeles?
Need a good DUI lawyer in Los Angeles who is trustworthy. My friend got busted for a DUI and she can’t find anyone she likes, trusts, or who isn’t asking for $10K for trial!
Who are the best dui lawyers in Seattle, Washington?
I recently got cited for driving under the influence near seattle, wa. please don’t bash me for that, i know i was in the wrong. I am now looking to make this go away as quickly as possible. please tell me what i should do and what i should be looking for in a dui lawyer
dui lawyers southern california: find the best dui lawyers southern california?
I’m looking for dui lawyers southern california. Do you know any best dui lawyers southern california?
You need to contact a lawyer asap ! You need to find a lawyer that is considered a DUI attorney . What you need to look for in a dui attorney is how long they have been practicing in dui law and if they specialize in dui cases. This is very important since dui law is very complicated and knowing the ins and outs of the law and how dui tests are given and what is done is important to get your case dismissed. I would not wait any longer and certain things can happen if you do not act quick . I do not know seattle washington laws but do find a good dui lawyer
find out more at
http://www.attorneymarketingguru.com/find-a-ga-atlanta-area-dui-dwi-lawyer/
The DUI lawyers tell you to sleep outside your car if you are drunk, however, you can get cited for public?
drunkenness? If you are too intoxicated to drive, what defenses can you have to beat the Public Drunkenness charge? Please, law enforcement/lawyers only.
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The one I know is Braden & Tucci is one of the best dui lawyers southern california. You can find a video in this blog…
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Minimum of $1,000 for a decent attorney. $2,000 is pretty common and the best DUI attorneys can be $6,000. All of these numbers are assuming you do not go to trial.
What is the average price for DUI/DWI lawyers in Maryland?
I got a DUI/DWI in howard county Maryland. This is my first offense relating to any drunk driving charges. I am truly very sorry and never ever intend to get behind the wheel after this one. My BAC was .19, what are the average fees I am looking at to get out of this one?
Thanks!
The definition for drunk driving (in this state, MA) was defined as occurring when the keys are in the ignition, a person has a BAC of .08 or greater, and is in control of the vehicle. In English, that means if you are not in control of the car (different seat) and the keys aren’t in the ignition; no worries. However also note that you don’t need to be in the drivers seat to be drunk driving. There was a case where a designated driver was driving and one of his drunk friends reached around him and grabbed the wheel causing an accident. The guy who grabbed the wheel was drunk and was charged with manslaughter (death as a result of Operating under the influence). Also note, the vehicle doesn’t have to be a car, it can be a boat or any other machine operated by an engine to by OUI.