Alcohol Education And Treatment Programs

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In general, a North Carolina resident who is convicted of a DWI is required to get a substance use assessment and successfully complete a substance abuse education program or a treatment program. However, there are different types and levels of education programs and treatment programs available, though the program a defendant may be required to complete depends on a variety of factors.

The factors that can determine what type of program will be required includes whether or not the defendant has prior DWI convictions, if another person was seriously injured or killed during the drunk driving incident and whether or not the defendant has already participated in a similar program. Additionally, those who have a blood alcohol content of more than .14 percent will be automatically referred to treatment.

Depending on the case factors, the length of treatment can vary. For example, first-time offenders and minors may complete an education program that is shorter in duration than those who have multiple DWI convictions or who had a high BAC when they were taken into custody. In some cases, a multiple offender could be required to complete a 30-month long program that may begin with mandatory weekly attendance that gradually changes to every other week.

When a person is taken into custody on drunk driving charges, he or she will have both a DMV hearing and a criminal trial. The outcome of both the hearing and the trial itself can have an impact on the person’s ability to earn an income and go about his or her daily life. Because the processes can be intimidating, a criminal law attorney could assist with mounting a strong defense against a DWI charge by challenging the traffic stop or demonstrating that the breath test was not properly conducted.

Police Lineup Reform In North Carolina

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Police lineup reform in North Carolina

North Carolina was one of the first states to respond to the introduction of DNA evidence and the miscarriages of justice it uncovered by changing the way police departments in the state perform eyewitness lineups. DNA evidence has been used to free hundreds of wrongly convicted individuals, and scrutiny of court transcripts reveals that the juries in these cases were often swayed by eyewitnesses who made mistakes.

The Eyewitness Identification Reform Act, which was signed into law in 2007, requires lineups in North Carolina to be conducted by independent administrators who do not know the identification of the suspect and are not involved in the ongoing investigation. Photo arrays also require an independent administrator whenever possible, but alternatives such as a computer program may sometimes be used. The law also requires witnesses to be told that a suspect may not even be present and the investigation will continue regardless of the outcome.

Experienced prosecutors prepare their witnesses carefully, which may be why researchers have found that juries often give eyewitness identifications an undue amount of weight. The Eyewitness Identification Reform Act addresses this issue by requiring a video record to be made of lineups whenever possible. When a video recording is not possible, police must provide a detailed explanation and either make an audio recording or take detailed notes.

Video and audio recordings taken in accordance with the Eyewitness Identification Reform Act may be scrutinized by experienced criminal defense attorneys, and this could be especially true if the suspect and witness are of different races. When questionable eyewitness identification is not supported by compelling evidence, attorneys could seek to have criminal charges dismissed. Attorneys may also bring up the unreliability of eyewitness identifications during plea negotiations.

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TESTIMONIALS

Mr. Plumides is a true advocate. I would highly recommend him, if you are in need. He represented me when I was falsely accused of domestic violence by my newlywed (now ex-)wife. I felt like everyone was against me, without hope, and kicked out of my own home. That is until I found Mr. Plumides, after reading many reviews. He had great reviews and now I know why. He was able to speak with me on my first call to his office. He gathered the facts, explained what to expect and immediately provided guidance as to how to proceed. After meeting in person, I was sure I had found the right attorney. He was extremely knowledgeable of NC law off the top of his head. If I called with an immediate question, he took my call immediately or returned it within a couple hours. I didn't feel like I was going it alone anymore. His staff was highly competent and professional. However, Greg would appear in court himself every step of the way and I knew the matter was being handled personally. As a result of his efforts, my charges were dismissed and subsequently expunged from my record. Did I mention that the flat fee I paid was extremely reasonable? Thank you Mr. Plumides, you are a true credit to your profession.
~ Matt
I've used Mr. Plumides for many cases over the years from custody to criminal and I want you to know he's a very special type of attorney. He's the type that literally has fallen in love with his work, the type to call you on a Sunday morning to discuss your case when you're worried and the type to protect you like your his own blood. I'll never use anyone else in the area and I strongly advise you at the very least to sit down with him if you're on the fence with representation and you'll see exactly what I'm referring to.
~ Michael Neighbors
Greg Plumides is an exceptional attorney! Greg has handled several of our families unfortunate situations over the years. Due to Greg and his teams overall knowledge, as well as, area of expertise each case has been met with success. A reduction in the ticket and even a full dismissal of the case. If you need help, Greg and his Team you can count on! Thank you once again Greg for the expectational service!
~ Kim Katopodis
Greg Plumides was a true advocate for me when I was falsely accused. If you need a knowledgeable, accessible, and hard working attorney on your side, look no further. Did I mention the very reasonable cost? Thank you, Mr. Plumides. (Full review to come on Avvo) Richard Johnson made my separation and divorce as painless as possible. Thank you, Mr. Johnson.
~ Matt Namin
Greg Plumides is a wonderful attorney. He was able to pull together an argument and he was able to get the case against me dismissed with only two days of prep time. I was served just before Easter weekend, so I was only just able to find an attorney that could help me, right before my court date the following Thursday. I began working with Greg on Tuesday evening, and by Thursday morning, he was ready to go. He is very easy to talk to, very knowledgeable and incredibly hard-working.
~ Garrett Reed
Mr. Plumides is an A+ lawyer for an affordable price. My child's mother not being happy with our current custody agreement in Ohio filed false charges of child abuse against me to have the jurisdiction and custody order changed. Child protective services got involved and i was charged criminally for child abuse and she tried to file two protective orders against me. My life was spiraling out of control and i didn't know what to do. I found Mr. Plumides and went for the consultation and knew right then based off of his ability to handle all of my cases (which eliminated me having to hire multiple lawyers), knowledge and experience he was the one i wanted to represent me. He was honest, reassuring, and fought very hard for my best interest. And it all paid off he had both protection orders dismissed. Negotiated on my behalf with child protective services and worked out a plan that i agreed with. And the criminal charge went to trial and was also dismissed. Mr. Plumides has helped me get control of my life back and I couldn't be more pleased with his services. I would most definitely recommend Mr. Plumides to anyone looking for a great lawyer at a reasonable price.
~ Michael Young
Greg Plumides represented me in my DWI case. I was completely blown away at how patient he was regarding the strategy we took. Greg always knew what to do and when to do it. When it came time for court, he was properly prepared and we won our case when everybody was telling me there was no way I was going to win. I would recommend Greg and Plumides Law Office to anyone.
~ Stew Andrew
Mr. Plumides is very knowledgeable about the legal process he helped my family when we were going through a very difficult time in our life. I would recommend him to anyone.
~ Yvonne Young
Mr. Plumides took my son's court case and he was in trouble and I needed a lawyer not a public defender. He did his job beyond what was expected. He answered calls, called me, went to see my son in jail, let me know he needed a nurse at one time. He got his sentence reduced a to fine that could have ended up being much jail time, more than that my son talks to me different on the phone and has more respect and is off the drugs he was on before he was arrested. Mr. Plumides would not give up and kept in touch with both of us and didn't keep us wondering what was going to happen next. Thank you Mr. Plumides, I would recommend you to anyone in Mecklenburg county. Wish you practiced in more counties.
~ Amanda Young
Mr Greg Plumides is one of the most or is the most informative DUI attorneys I've ever seen or been I had 2 DUI within 3yrs and both were dismissed, Thank you again sir.
~ Andre Chappelle
I wouldn't hesitate, and probably will have to, hire Mr. Plumides again. As a client, Greg spoke to me with positivity and certainty that was unbelievable, before the deposit was paid, I felt like I'd had won my case. Very straight to the point and had my back in the court room 100%. You get what you pay for , and yes Mr. Plumides does carry a hefty wage, but he left no stone unturned, and kept throwin punches on the fly.
~ Cam Coffing
I've used Mr. Plumides for many cases over the years from custody to criminal and I want you to know he's a very special type of attorney. He’s the type that literally has fallen in love with his work, the type to call you on a Sunday morning to discuss your case when you're worried and the type to protect you like you’re his own blood. I'll never use anyone else in the area and I strongly advise you at the very least to sit down with him if you're on the fence with representation and you'll see exactly what I'm referring too.
~ Michael Neighbors
Gregory Plumides was very professional, knowledgeable and efficient! Very experienced Attorney! He helped me to settle all my Divorce matters. I highly recommend his services.
~ Wilson
Greg Plumides represented me in my DWI case. I was completely blown away at how patient he was regarding the strategy we took. Greg always knew what to do and when to do it. When it came time for court, he was properly prepared and we won our case when everybody was telling me there was no way I was going to win. I would recommend Greg Plumides to anyone.
~ Stewart
Greg was very good to me through a traumatic year of waiting for court personnel, for doing nothing more than a fender bender in a grocery parking lot. Then being accused of a DUI two hours later by aggressive law enforcement in my own home. My only mistake was allowing my cell phone to interfere with a quick response, to a minor bump. Greg was a great lawyer and so well-versed in his field. He "tells it like it is". I would definitely put my trust in him again!
~ Lin
From the moment I met with Mr. Plumides, I knew I found a good attorney - one who was HONEST and truly cared about me and my situation. I was going through a divorce and I had used two other attorneys over the period of a year and half who were dishonest, and only interested in padding their own wallets. Mr. Plumides told me like it was, the TRUTH....He was always professional and his paralegal, Kristin, was excellent as well, and kept on top of everything. They both worked together as a team! His fees were reasonable and I didn't feel like he was "padding" every bill - just the exact opposite! He was extremely fair and truly has a heart of gold. At the end of a divorce or any other situation, most people dislike their attorney - I can honestly say that I think Mr. Plumides is a wonderful person and I was truly lucky to have met him!!!!!!!
~ Susan
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
~ Clinton
After being involved in an auto accident, I contacted Greg Plumides. Choosing him to represent me turned out to be a great decision on my part! He and his paralegal, Kristin, kept me updated and informed as they searched out every avenue to be considered in the case. I ended up with much more of a settlement from the other party then I ever expected. Greg and Kristin were caring and honest, and truly looked out for my best interest. I would highly recommend Greg Plumides law offices to anyone.
~ Annie
Mr. Plumides took my case and made me see it different which has made me different. In court and out he is caring, professional, and treated me with the utmost respect. I was facing more than I thought I could handle and somehow, he reduced that by his knowledge and wisdom and not giving up by keeping in touch with me and visiting me. He is honest and caring and always ON TIME!!! Thank you again Mr. Plumides. I would recommend you to anyone searching for someone to take their case.
~ Clinton

Driver’s License Restoration

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Expands Qualifications For Expungements

According to the North Carolina legislature, possessing a driver’s license in this state is considered a privilege, not a right. Because of this, there are many different ways in which to have this have that privilege temporarily suspended, or lost altogether. The most common ways that this occurs can be boiled down to three basic scenarios:

  • You are convicted of certain traffic offenses. Some convictions create an automatic suspension (accumulating too many points on your driver’s license; speeding 15 mph over the limit if you’re going more than 55 mph; or speeding more than 80 mph over the posted speed limit). Other convictions give the Department of Motor Vehicles the option of suspending your license (such as being convicted of reckless driving and speeding over 55 mph within the same year).
  • Getting a Failure to Appear (“FTA”) in court.
  • You are convicted of (or in some instances, simply charged with) an impaired driving offense. If you refuse to give a breath sample during a DWI investigation, have a blood alcohol content (“BAC”) of at least .08% or more, or a BAC of .04% while driving a commercial vehicle, your license is automatically revoked and suspended for 30 days If you are convicted of a DWI (whether by pleading guilty or after a trial), your license will be suspended for a year. Having multiple DWI convictions will also lead to longer suspensions or even a permanent suspension.

If your license is suspended for the first or second categories above, and you are pulled over while driving during that period of suspension, you will most likely be charged with Driving While License Revoked (“DWLR”). This is a Class 3 misdemeanor in North Carolina.

If, however, you are suspended under category three above and are caught driving, you will be charged with Driving While Revoked for an Impaired Revocation, which is a Class 1 misdemeanor, the most serious class of misdemeanors in North Carolina.

The most important takeaway is this, regardless of the type of suspension you may be facing: it is absolutely critical that you consult with an attorney in any of the above situations instead of simply going online and paying off your ticket. Many people do not realize this, but doing so is admitting that you are guilty. Consult with an attorney experienced in handling such matters as soon as possible to protect your license.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Revoked License & Transportation Issues

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For many people in rural areas of North Carolina and even some urban areas, public transportation is not widely available enough that you’ll have a reliable way to commute. If you’re in that category of people and have had your driver’s license suspended because of an impaired driving-related conviction or certain traffic ticket convictions, you’re probably wondering how on earth you’re supposed to keep your job until you can reinstate your license. The good news is that you may qualify for a Limited Driving Privilege (“LDP”), which is governed by North Carolina General Statute § 20-179.3.

A Limited Driving Privilege is a court order that allows you to still drive for purposes related to employment, education, maintaining your household (i.e., going to buy groceries), religious worship, emergency medical care, substance abuse assessment, or treatment ordered by the court, and community service that is a condition of your probation. However, if you are suspended because of an impaired driving-related conviction, there are certain requirements that must be met in order for the court to find you eligible for an LDP in North Carolina:

  • At the time of the offense of conviction, you must have had a valid driver’s license or an otherwise valid license that had been expired for less than one year;
  • You cannot have been convicted of any other impaired driving offense (DWI/DUI) within the last seven years;
  • Since the date of the offense, you cannot have been convicted of another impaired driving offense;
  • You were sentenced as a Level 3, 4, or 5 for the instant DWI; and
  • You have completed a substance abuse assessment and filed a proof of completion with the court.

There are enhanced requirements to get an LDP if you had a blood alcohol content (BAC) of 0.15 or more at the time of the offense. In addition, the requirements to get an LDP are a bit different if you’re seeking to get an LDP due to a traffic ticket conviction unrelated to impaired driving. If you or a loved one are facing a DWI charge, traffic ticket, or license suspension, please contact one of our experienced criminal attorneys to help advocate for your rights.

IF CONVICTED Of A DWI OR DUI

A sentencing hearing will follow where the prosecutor and defendant can present aggravating and mitigating evidence.

There are enhanced requirements to get an LDP if you had a blood alcohol content (BAC) of 0.15 or more at the time of the offense. In addition, the requirements to get an LDP are a bit different if you’re seeking to get an LDP due to a traffic ticket conviction unrelated to impaired driving. If you or a loved one are facing a DWI charge, traffic ticket, or license suspension, please contact one of our experienced criminal attorneys to help advocate for your rights.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Doesn’t Mean You’re Guilty!

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Just because you did it, doesn’t mean you’re guilty!

When the police arrest you and ask you if you did it, you know that you did. You may not answer them right then — it’s best not to answer questions on your own, without a lawyer present — but you know that they’re right. You did it.

Does that mean you’re guilty? They’ll threaten you with fines, jail time and all sorts of related ramifications. Is there no way around that? Are they right that your life as you knew it is over, because you’re going to get convicted?

Absolutely not. There are plenty of examples of people who did exactly what they got accused of doing, but that did not mean they were actually guilty of a crime.

Self-defense

One of the best examples of this is if you acted in self-defense. You had a reason to take the steps that you did. Your own actions were justified. Essentially, legal experts note that self-defense gives you the “right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence.”

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536