Criminal Law

DWI
Because of the serious nature of a DWI arrest and the potential for jail terms, loss of license, heavy fines, and a criminal record, it is advisable to be represented by an attorney during the court proceedings. Mr Messer has been representing DWI clients for years and is a zealous advocated for his clients. Mr. Messer looks at the various aspects of the DWI stop and arrest and is able to identify whether or not mistakes were made by law enforcement. The law is complex and you need competent representation.
1. The DWI Process
  In North Carolina, it is illegal to drive a motor vehicle after having consumed enough alcohol that you have an alcohol concentration of .08 or higher or while you are under the influence of an impairing substance (i.e. drugs – whether legal or illegal). This alcohol concentration can be determined by breathalyzer test or a blood test, depending on the circumstances.
  
  Most arrests for driving while intoxicated (DWI) result in a conviction. A conviction for a DWI is a misdemeanor and will result in a criminal record as well as an enormous increase in automobile insurance. If arrested, you are strongly encouraged to seek the advice and representation of an attorney. To be convicted, the prosecutor must prove the following things to the judge: (A jury does not become involved unless there is an appeal.)
  - You were driving.
  - You were driving a vehicle as defined in the statutes.
  - You were driving on a highway or public vehicular area.
  - The officer had a reason (probable cause) to stop the motor vehicle you were driving.
  - There is evidence that you were appreciably impaired either by alcohol or drugs at the time of the arrest.
  To be convicted of a DWI, the prosecution must show that the officer had probable cause to stop you, probable cause to arrest you and must prove beyond a reasonable doubt that you were appreciably impaired.
2. Punishment
  Once you have been convicted of a DWI, there are five levels of punishment.
  - Level 1: is the most serious level. This level is for people who have had one or more convictions in the past seven years, or who are driving with a license that has been revoked due to a prior DWI, or who are driving with a child less than 16 in the car, or who have caused serious personal injury to another because of their driving while impaired.
  - Level 5: is the least serious punishment that you can receive and usually is given to first time offenders. This level is for a person who has no prior convictions for a DWI and has no aggravating factors with this DWI.
  - Aggravating factors are especially negative factors. Some aggravating factors include a very high breathalyzer reading of .16 or more, especially reckless driving, a bad traffic record that consists of at least two tickets in the past 5 years that resulted in 3 points or more on your DMV record, alluding arrest, property damage, speeding in excess of 30 mph or being uncooperative with the police officer, etc. When you blow .16 or higher on the Breathalyzer, then you will be required to have a ignition interlock system installed in your vehicle at a cost of several hundred dollars and a monthly monitoring fee.
  - Mitigating factors are positive factors, which can be used to help balance out the negative factors. Mitigating factors can be slight impairment with an alcohol concentration not exceeding .09, driving safely at the time of the stop, a good driving record in the past 5 years, or voluntarily doing an alcohol assessment program at an approved facility before you go to court.
  Generally speaking, if there was no accident at the time of the arrest, you have no prior convictions for DWI, you were cooperative with the police officer, and the breathalyzer reading was between a .08 and about a .12, you are probably going to be found guilty of a level five.
3. Fees
  Mr. Messer quotes his fee on a case-by-case basis. He understands that the cost of an attorney is an expense that you weren’t planning on. So he generally offer fees at a flat rate to assist you with your budgeting. THE INTIAL CONSULTATION IS FREE!
CRIMINAL CHARGES
Criminal charges are very serious matters requiring extensive experience and knowledge in the law. You can not make the best decision about whether to fight the charges against you until a complete and thorough investigation of your case is done. Mr. Messer is a Board Certified Specialist in Criminal Law and has handled a multitude of criminal matters ranging from traffic violations to capital murder.
1. Effects of a Criminal Conviction
  1. Fines & Court Costs
  2. Court ordered community service
  3. Court ordered assessment & treatment
  4. Supervised probation
  5. Intensive probation/Electronic House Arrest
  6. Active prison sentences
  7. Loss of financial aid for college students
  8. Lifetime loss of the right to purchase/possess a firearm/handgun if convicted of a felony
2. Fees