DWI cases can be tricky in the best of times, and if you find yourself involved in a criminal DWI case in North Carolina it’s important to make sure you have experienced lawyers you can trust to advocate on your behalf. Doug Edwards Law takes pride in providing outstanding legal representation in DWI serious injury and death cases.
Individuals who find themselves facing these DWI criminal proceedings in the state of North Carolina need a skilled and experienced attorney to protect their Constitutional rights in court. You can rely on a skilled and experienced Asheville DWI death and serious injury lawyer at our firm to fight for the best possible outcome in your case.
Read on for more on the seriousness of DWI injury cases or contact Doug Edwards Law now at (828) 702-8743 to set up an initial consultation with an Asheville DUI defense attorney to begin your vigorous defense in any DWI serious injury or DWI death cases.
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Under North Carolina law, there are two main types of serious injury by vehicle charges: misdemeanor and felony.
Misdemeanor charges are typically reserved for cases where the defendant’s actions caused serious injury to another person, but did not result in death. For this reason, serious DWI injury usually doesn’t refer to cases where a death occurred.
Felony charges, on the other hand, can be brought against a defendant whose actions resulted in death or serious bodily injury to another person.
The main difference between the two charges is the severity of the penalties. In the state of North Carolina, a misdemeanor charge of serious injury by vehicle can result in up to 150 days in jail and a fine of up to $1,000.
A felony charge, on the other hand, can result in up to 20 years in prison and a fine of up to $20,000.
If you have been charged with serious injury by vehicle, it is important that you contact an experienced criminal defense attorney like Doug Edwards Law as soon as possible. We handle both types of cases and with years of experience as prosecutors before moving to private practice, we understand how the prosecution thinks and how to help protect your rights throughout the North Carolina court process.
The criminal penalties for a DWI conviction in the state of North Carolina depend on a number of factors, including the defendant’s blood alcohol content (BAC), whether the defendant has any prior DWI convictions, and whether the defendant caused any property damage or injuries as a result of the DWI.
For a first offense DWI, the penalties can include up to 60 days in jail, a fine of up to $500, and a driver’s license suspension of up to 12 months.
For a second offense DWI, the penalties can include up to 120 days in jail, a fine of up to $1,000, and a driver’s license suspension of up to 24 months.
For a third offense DWI, the penalties can include up to 180 days in jail, a fine of up to $2,000, and a driver’s license suspension of up to 36 months.
In addition to the above penalties, a DWI conviction can also result in an ignition interlock device being installed on the offender’s vehicle, mandatory substance abuse treatment, and a loss of auto insurance coverage.
Serious injury by vehicle is a felony offense in North Carolina. The penalties for a conviction can include up to 20 years in prison and a fine of up to $20,000. A conviction can also result in a driver’s license suspension of up to 36 months.
If you have been charged with serious injury by vehicle, it is important that you contact your lawyer quickly. If you don’t have one on retainer, you need to quickly find a good experienced criminal lawyer with DWI experience as soon as possible. Your attorney will be able to help you understand the charges against you and the potential penalties you are facing.
An Asheville DWI death and serious injury lawyer will also be able to help you build a strong defense against the charges and protect your rights throughout the legal process.
Proximate cause is a legal term that is used to describe the causal relationship between an act and a resulting injury. In order for proximate cause to be established, it must be shown that the act was the direct cause of the injury. Additionally, it must be shown that the injury would not have occurred but for the act.
For example, if a driver runs a red light and hits another car, causing serious injuries to the occupants of the other car, proximate cause would be established. The driver running the red light would be directly responsible for the injuries sustained by the other car’s occupants.
If, however, the driver of the other car had been speeding and ran a red light, proximate cause would not be established. The speeding would be considered an intervening cause that broke the causal chain between the driver running the red light and the resulting injuries.
The accidents and injuries that come with DWI vehicle accidents bring proximate cause directly into view as establishing this, or failing to do so, can directly affect whether or not a person is convicted, what the penalties are, and what civil liabilities may exist outside of criminal court.
In the United States, the Constitution protects citizens from being tried twice for the same crime. This protection is known as the “double jeopardy” clause, and it is found in the Fifth Amendment of the Constitution.
The double jeopardy clause has two components: one that protects against being tried again after being acquitted, and one that protects against being tried again after being convicted.
The first part of the double jeopardy clause, known as the “anti re-trial” provision, has been interpreted to mean that a person cannot be retried for the same crime after being acquitted by a jury.
The second part of the double jeopardy clause, known as the “anti re-prosecution” provision, has been interpreted to mean that a person cannot be prosecuted for the same crime after being convicted.
The double jeopardy clause does not protect against being tried for multiple crimes arising from the same incident. This is important to understand as the same accident may have multiple charges or crimes charged to it without violating the double jeopardy laws.
This is particularly true of DWI laws where there can be injury, vehicular assault, endangerment, and a host of other charges, each counting as a different crime from the same incident.
Anyone involved in a DWI needs a lawyer. A good lawyer protects their client’s rights, can help explain the overall situation based on the state’s legal codes, and will help you understand your case, your situation, and fight for the best possible resolution.
Never try to defend yourself when involved with a DWI case. You need a lawyer who understands the local courts and both the state and national laws in order to mount the best possible defense for you in court.
Make sure to get a lawyer immediately. Don’t interview with the police, don’t try to explain yourself in interrogation, the proper response is to ask for an attorney and refuse to continue until you have your lawyer there.
This is crucial to getting your lawyer in the loop from the very beginning and making sure you’re not getting taken advantage of in a way that could help seal your own prosecution in court.
Don’t admit to fault, don’t admit guilt, just repeat that you want your lawyer and won’t proceed with any interviews or questions until you get them.
Call Doug Edwards Law today at (828) 702-8743 to set up your initial consultation. If you have a pending criminal case related to DWI or were involved with an incident and think charges might be on the way, it’s time to call a skilled experienced lawyer in Asheville, NC to help defend your rights in court.