We protects motorists’ rights
Facing a drunk driving charge can be intimidating, especially if you are not familiar with the criminal justice system. At the James Elliot Associate Firm, our attorneys provide comprehensive legal support to people who have been accused of driving while impaired under North Carolina law. Our firm has offices in New Bern and Morehead City to assist motorists. Don’t be misled into thinking that a test that shows blood alcohol exceeding the legal limit of 0.08 percent means that you have no chance for a successful outcome. For more than a decade, we have found ways to help clients obtain acquittals, dismissals and reduced sentences in DWI matters. If you have been accused of driving while impaired by alcohol or drugs, we will mount a strong defense.
Knowledgeable litigators challenge unlawful drunk-driving enforcement
Since 2007, we have earned a reputation as tough advocates in DWI cases who conduct thorough reviews of potential prejudicial errors, such as:
- Unlawful stops — Law enforcement must have reasonable suspicion of criminal conduct to stop a car. Even if it is later shown that a driver might have been impaired, a faulty stop can taint any evidence that is gathered.
- Improper searches and arrests — Police officers must have probable cause to make an arrest or to conduct a nonconsensual search. Our firm will find out what the officer knew at the time and determine if there was illegal overreach.
- Flawed tests — Negligent administration of blood or breath tests can trigger false results and unjust prosecutions. We can identify mistakes that might have altered the course of your case.
As experienced criminal defense lawyers, we can find evidence and law enforcement problems that other attorneys might miss. From your first consultation, our firm will examine your case and lay out a potential strategy to protect your rights.
Litigators advise Craven, Carteret and Pamlico County clients on DWI penalties
DWIs in North Carolina are misdemeanor offenses of five different levels of severity. The judge determines which level applies by analyzing your case for the presence of:
- Aggravating factors — A DWI charge becomes more serious if the blood-alcohol content test result is 0.15 percent or higher. Penalties might also be increased by reckless driving, a reportable accident, driving under a revoked license or a previous conviction involving certain types of misconduct.
- Grossly aggravating factors — These factors include a prior DWI conviction or a subsequent DWI charge, driving under a license revoked because of a prior DWI, serious injury to a person in the DWI incident, and DWI with a child under 16 in the vehicle.
Assertive advocates work to reduce or eliminate DWI punishment
Strong defense counsel is crucial to obtaining a positive result in a drunk driving case because sentences range widely. If you are a multiple offender or are involved in an auto accident, you could face felony charges and years of incarceration. In other instances, we can negotiate a plea agreement that results only in a fine, community service or license suspension. As soon as you contact us, we will advise you about any aggravating factors and mitigating factors in your case and press for a favorable resolution.