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	<title>the chetson firm, pllcdui lawyer raleigh | The Chetson Firm, PLLC &#8211; Aggressive, Professional Raleigh Criminal Lawyers</title>
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	<description>A caring Raleigh Criminal Lawyer who aggressively defends people in state and federal courts accused of serious felonies, misdemeanors, and Driving While Impaired charges.</description>
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		<title>Drunk Driving Wake County</title>
		<link>http://www.chetson.com/2010/06/drunk-driving-wake-county/</link>
		<comments>http://www.chetson.com/2010/06/drunk-driving-wake-county/#comments</comments>
		<pubDate>Fri, 11 Jun 2010 13:20:09 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh DWI Lawyer]]></category>
		<category><![CDATA[drunk driving lawyer]]></category>
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		<guid isPermaLink="false">http://www.chetson.com/?p=1703</guid>
		<description><![CDATA[In most drunk driving cases in Wake County, the District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district...]]></description>
			<content:encoded><![CDATA[<p>In most drunk driving cases in Wake County, the <span class="domtooltips">District Attorney<span class="domtooltips_tooltip" style="display: none">A District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.

A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload.</span></span> attempts to prove impaired driving by demonstrating either that the person was &#8220;<span class="domtooltips">appreciably impaired<span class="domtooltips_tooltip" style="display: none">Appreciable impairment is the level of impairment - from either a drug or alcohol - required to find someone has committed a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>.  Appreciable impairment is noticeable impairment. The state does not need to prove the person was drunk or materially impaired.</span></span>&#8221; at the time he or she was driving, or the person blew a .08 or higher on the Intox EC/IR machine that is used at the <span class="domtooltips">Public Safety Center<span class="domtooltips_tooltip" style="display: none">The Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The <span class="domtooltips">PSC<span class="domtooltips_tooltip" style="display: none">The Public Safety Center is the downtown jail operated by the Wake County Sheriff's Office at 330 South Salisbury Street in Raleigh. The PSC currently houses <span class="domtooltips">CCBI<span class="domtooltips_tooltip" style="display: none">CCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County.</span></span>, magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> suspects are usually brought for testing.</span></span> currently houses <span class="domtooltips">CCBI<span class="domtooltips_tooltip" style="display: none">CCBI is Wake County's local crime lab. Housed in the Public Safety Center, it provides fingerprinting services, as well as support in crime scene investigations to law enforcement agencies in Wake County.</span></span>, magistrates, as well as the Sheriff's Offices and the Intox EC/IR II room where <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> suspects are usually brought for testing.</span></span> (Jail) or other departments in Wake County.</p>
<p>Your drunk driving case may   therefore may be proved either by the officer who arrested you, or the officer in conjunction with the chemical analyst.  About half of all of the law enforcement officers in Wake County are also chemical analysts, which means that the same person who arrested you will also testify about the breathalyzer results.</p>
<p>This makes it less likely that your case would be <span class="domtooltips">dismissed<span class="domtooltips_tooltip" style="display: none">A dismissal may occur upon a motion by a party, or by the prosecutor.  A voluntary dismissal is a true dismissal where the charges are no longer pending.

A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date.</span></span> because of the absence of the chemical analyst, since the chemical analyst is also the arresting officer.</p>
<hr>If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night.  The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.
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		<title>Don&#8217;t Drive A State Car While Drunk</title>
		<link>http://www.chetson.com/2010/05/dont-drive-a-state-car-while-drunk/</link>
		<comments>http://www.chetson.com/2010/05/dont-drive-a-state-car-while-drunk/#comments</comments>
		<pubDate>Wed, 05 May 2010 00:32:40 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh DWI Lawyer]]></category>
		<category><![CDATA[drunk driving raleigh]]></category>
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		<guid isPermaLink="false">http://www.chetson.com/?p=1644</guid>
		<description><![CDATA[Here&#8217;s a thought. Don&#8217;t drive a state vehicle while drunk! A Illinois politician had to give up his state car when his son, who was driving said car, was arrested for driving while impaired. If you&#8217;re accused of a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk...]]></description>
			<content:encoded><![CDATA[<p>Here&#8217;s a thought.  Don&#8217;t drive a state vehicle while drunk!  A Illinois politician had to give up his state car when his son, who was driving said car, was arrested for driving while impaired.  If you&#8217;re accused of a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>  Raleigh or DUI Raleigh, feel free to call me.</p>
<blockquote><p><a href="http://www.suntimes.com/news/metro/2233446,cullerton-dumps-state-car-050410.article">Senate President John Cullerton has given</a> up the state-owned sports-utility vehicle in which his son was ticketed for drunk-driving, Cullerton’s office announced today&#8230; Cullerton (D-Chicago) controlled three state vehicles on behalf of Senate Democrats and opted to transfer the 2009 Ford Escape Hybrid that his son used without his permission to the state Department of Central Management Services.</p></blockquote>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2010%2F05%2Fdont-drive-a-state-car-while-drunk%2F&amp;title=Don%26%238217%3Bt%20Drive%20A%20State%20Car%20While%20Drunk" id="wpa2a_4"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
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		<title>Confrontation Clause and DWI Cases – Melendez-Diaz v. Massachusetts</title>
		<link>http://www.chetson.com/2010/03/confrontation-clause-and-dwi-cases-%e2%80%93-melendez-diaz-v-massachusetts/</link>
		<comments>http://www.chetson.com/2010/03/confrontation-clause-and-dwi-cases-%e2%80%93-melendez-diaz-v-massachusetts/#comments</comments>
		<pubDate>Mon, 15 Mar 2010 00:17:31 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[criminal defense attorney raleigh]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=895</guid>
		<description><![CDATA[For years North Carolina, like many states, permitted the State to introduce the results of a DWI defendant&#8217;s breath test.  That meant that the Defendant&#8217;s attorney would have no opportunity to question the breath analyst on the stand about the procedure used, whether the breath analyst was certified at the time the test was [...]]]></description>
			<content:encoded><![CDATA[<p>For years North Carolina, like many states, permitted the State to introduce the results of a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> defendant’s breath test.  That meant that the Defendant’s attorney would have no opportunity to question the breath analyst on the stand about the procedure used, whether the breath analyst was certified at the time the test was given, and whether all the rules and regulations were followed.</p>
<p>In June of 2009, the United States Supreme Court handed down the landmark <a href="http://scholar.google.com/scholar_case?case=7136706767059629384&amp;q=melendez-diaz+v.+massachusetts&amp;hl=en&amp;as_sdt=40000000002">Melendez-Diaz v. Massachusetts</a> case, which turns on the Confrontation Clause of the Sixth Amendment which permits defendants to question all accusers at trial.</p>
<p>The Supreme Court ruled   that it’s insufficient for the state merely to provide an affidavit.  The state, in order to introduce evidence such as the results of lab tests, must provide the actual analyst so that the Defendant can have an opportunity to cross-examine the analyst.</p>
<hr>If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night.  The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.
]]></content:encoded>
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		<title>What is Possession of Drug Paraphernalia</title>
		<link>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia-2/</link>
		<comments>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia-2/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 14:04:54 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer]]></category>
		<category><![CDATA[Raleigh Drug Lawer]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=893</guid>
		<description><![CDATA[Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia.  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.  
Misdemeanor possession of drug paraphernalia is a Class [...]]]></description>
			<content:encoded><![CDATA[<p>Normally if someone in North Carolina is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia (PDP).  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.</p>
<p>Misdemeanor PDP is a Class 1 misdemeanor in North Carolina. See NCGS 90-113.22. It is illegal to possess paraphernalia that enables the following: planting marijuana, propagating marijuana,   growing marijuana, harvesting marijuana, packing marijuana, storing marijuana, concealing marijuana, or ingesting marijuana.</p>
<p>Since possession of drug paraphernalia is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone&#8217;s prior record level.</p>
<p>As defined in the statute NCGS 90-113.21, paraphernalia is anything that is used for using the drug, selling the drug, transporting the drug, or hiding the drug can count as drug paraphernalia. Looking at these categories, pipes, bongs, gravity bongs, hookahs, bowls, and other items such as joint papers, unrolled cigars, unrolled black and milds, can all constitute PDP. Paraphernalia for selling and storing marijuana can include laundry bins, storage sheds, and plastic baggies. Scales and other items count as drug paraphernalia in terms of selling and trafficking marijuana.</p>
<p>Sometimes when someone is arrested for simple possession of marijuana or simple marijuana possession, the police will charge the person with PDP just for the little bag that the marijuana was held in.</p>
<p>If you&#8217;ve been charged with possession of drug paraphernalia, you should consider whether you might qualify for a First Offender program, which would allow you to complete a drug class and hopefully win a <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A dismissal may occur upon a motion by a party, or by the prosecutor.  A voluntary dismissal is a true dismissal where the charges are no longer pending.

A dismissal with leave, also known as a <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A dismissal may occur upon a motion by a party, or by the prosecutor.  A voluntary dismissal is a true dismissal where the charges are no longer pending.

A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date.</span></span>, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date.</span></span> of the charge.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
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		<item>
		<title>What is Possession of Drug Paraphernalia</title>
		<link>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia/</link>
		<comments>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 14:04:54 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer]]></category>
		<category><![CDATA[Raleigh Drug Lawer]]></category>
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		<category><![CDATA[drug attorney raleigh]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=893</guid>
		<description><![CDATA[Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia.  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.  
Misdemeanor possession of drug paraphernalia is a Class [...]]]></description>
			<content:encoded><![CDATA[<p>Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia.  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.</p>
<p>Misdemeanor possession of drug paraphernalia is a Class 1 misdemeanor in North Carolina. See NCGS 90-113.22. It is illegal to possess paraphernalia that enables the following: planting marijuana, propagating marijuana, growing marijuana, harvesting marijuana, packing marijuana, storing marijuana, concealing marijuana, or ingesting marijuana.</p>
<p>Since possession of drug paraphernalia (meth, weed, cocaine, crack, heroin, pot) is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone’s prior record level.</p>
<p>As defined in the statute NCGS 90-113.21, paraphernalia is anything   that is used for using the drug, selling the drug, transporting the drug, or hiding the drug can count as drug paraphernalia. Looking at these categories, pipes, bongs, gravity bongs, hookahs, bowls, and other items such as joint papers, unrolled cigars, unrolled black and milds, can all constitute drug paraphernalia. Paraphernalia for selling and storing marijuana can include laundry bins, storage sheds, and plastic baggies. Scales and other items count as drug paraphernalia in terms of selling and trafficking marijuana.</p>
<p>Sometimes when someone is arrested for simple possession of marijuana or simple marijuana possession, the police will charge the person with possession of drug paraphernalia just for the little bag that the marijuana was held in.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
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		<title>What Happens When You are Charged with a DWI Raleigh?</title>
		<link>http://www.chetson.com/2010/02/what-happens-when-you-are-charged-with-a-dwi-raleigh/</link>
		<comments>http://www.chetson.com/2010/02/what-happens-when-you-are-charged-with-a-dwi-raleigh/#comments</comments>
		<pubDate>Tue, 02 Feb 2010 13:16:15 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh DWI Lawyer]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=709</guid>
		<description><![CDATA[You will be told about the charges against you by a Magistrate. A Magistrate in North Carolina is not a judge. Rather, a Magistrate is a “judicial officer” of the District Court – North Carolina’s lowest court.  A Magistrate’s role is to provide an independent, unbiased review of the police officer’s charges.
In reality, a [...]]]></description>
			<content:encoded><![CDATA[<p>You will be told about the charges against you by a Magistrate. A Magistrate in North Carolina is not a judge. Rather, a Magistrate is a “judicial officer” of the <span class="domtooltips">District Court<span class="domtooltips_tooltip" style="display: none">District Court is the lower of two levels of trial court in North Carolina.  Misdemeanors begin (and can be resolved) in District Court.  Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court.</span></span> – North Carolina’s lowest court.  A Magistrate’s role is to provide an independent, unbiased review of the police officer’s charges.</p>
<p>In reality, a Magistrate rarely will second guess the officer’s allegations against you.  On those rare occasions when a Magistrate does reject the officer’s claim that you were driving drunk, no charges will be filed against you.</p>
<p>But in most cases, the Magistrate will agree with the police officer, and <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> charges will be filed against you.</p>
<p>In addition to being charged with the crime of <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>, your license will usually be suspended for at least 30 days.</p>
<p>This is called a “Civil Revocation.” Later in this booklet I will explain how the Civil Revocation procedure work. I’ll also explain how you or your attorney can get your driving privileges back.</p>
<p>Finally, if the Magistrate has approved the charges against you, the Magistrate will also set the conditions for your release from <span class="domtooltips">custody<span class="domtooltips_tooltip" style="display: none">Custody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority.  A person in custody must be read his Miranda rights before being questioned by police.  Custody includes arrest, but may be broader than arrest.</span></span>.  At the time of your arrest – when you were handcuffed and placed in the police officer’s car – you were placed into <span class="domtooltips">custody<span class="domtooltips_tooltip" style="display: none">Custody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority.  A person in custody must be read his Miranda rights before being questioned by police.  Custody includes arrest, but may be broader than arrest.</span></span>.  You have remained in <span class="domtooltips">custody<span class="domtooltips_tooltip" style="display: none">Custody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority.  A person in custody must be read his Miranda rights before being questioned by police.  Custody includes arrest, but may be broader than arrest.</span></span> throughout the breathalyzer and booking process.</p>
<p>In most cases, the Magistrate will release you if you sign a document in which you make a “written promise to appear” at court.</p>
<p>In some cases, the Magistrate will decide to hold you in <span class="domtooltips">custody<span class="domtooltips_tooltip" style="display: none">Custody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority.  A person in custody must be read his Miranda rights before being questioned by police.  Custody includes arrest, but may be broader than arrest.</span></span> until you pay a bond. The bond guarantees that you will show up in court, or else you will lose your   money.</p>
<p>If the Magistrate sets a bond, you may have to spend a night, few days, or even weeks in jail until you can either pay the bond, or you or your lawyer can convince a Judge to lower the bond.</p>
<hr>Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina.  He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle.  If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
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		<title>DWI vs. DUI.  Is there a difference?</title>
		<link>http://www.chetson.com/2010/01/dwi-vs-dui-is-there-a-difference/</link>
		<comments>http://www.chetson.com/2010/01/dwi-vs-dui-is-there-a-difference/#comments</comments>
		<pubDate>Mon, 25 Jan 2010 00:27:30 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Criminal Lawyer]]></category>
		<category><![CDATA[dui lawyer raleigh]]></category>
		<category><![CDATA[dwi lawyer raleigh]]></category>
		<category><![CDATA[Raleigh DUI/DWI Lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.net/?p=693</guid>
		<description><![CDATA[Different states call drunk driving by different names.  Some states use the term &#8220;Driving Under the Influence&#8221; (DUI), and other states use the term &#8220;Driving While Impaired&#8221; or &#8220;Driving While Intoxicated&#8221; (DWI). Still other states have other acronyms, such as &#8220;Operating Under the Influence&#8221; (OUI).
It doesn&#8217;t matter what the offense is called. Each state [...]]]></description>
			<content:encoded><![CDATA[<p>Different states call drunk driving by different names.  Some states use the term “Driving Under the Influence” (DUI), and other states use the term “Driving While Impaired” or “Driving While Intoxicated” (<span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>). Still other states have other acronyms, such as “Operating Under the Influence” (OUI).</p>
<p>It doesn’t matter what the offense is called. Each state has somewhat different laws about how to treat what is commonly called “drunk driving,” although in every state a blood alcohol concentration of .08 (<span class="domtooltips">BAC<span class="domtooltips_tooltip" style="display: none">BAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration).  It is a percentage of how much alcohol is in the body.  In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> in such a case.</span></span>) is enough to convict the defendant of a DUI, <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>, or OUI.</p>
<p>In North Carolina, the offense is called Driving While Impaired (<span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>).</p>
<hr>If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night.  The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.
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		<title>Hiring a Good Raleigh DWI lawyer…</title>
		<link>http://www.chetson.com/2010/01/hiring-a-good-raleigh-dwi-lawyer%e2%80%a6/</link>
		<comments>http://www.chetson.com/2010/01/hiring-a-good-raleigh-dwi-lawyer%e2%80%a6/#comments</comments>
		<pubDate>Wed, 20 Jan 2010 01:31:48 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Defense Lawyer]]></category>
		<category><![CDATA[Criminal Lawyer Raleigh]]></category>
		<category><![CDATA[dui lawyer raleigh]]></category>
		<category><![CDATA[dwi apex]]></category>
		<category><![CDATA[dwi lawyer apex]]></category>
		<category><![CDATA[dwi lawyer cary]]></category>
		<category><![CDATA[dwi lawyer raleigh]]></category>
		<category><![CDATA[dwi north carolina]]></category>
		<category><![CDATA[dwi raleigh]]></category>
		<category><![CDATA[Raleigh DUI/DWI Lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.net/?p=688</guid>
		<description><![CDATA[If you&#8217;ve recently been stopped for a DWI, you&#8217;ve probably received dozens &#8211; or hundreds &#8211; of letters from lawyers, advertising their services and their prices.
No lawyer can guarantee an outcome. Avoid letters where the lawyer promises a result.  And just because you pay more for a lawyer doesn&#8217;t mean you&#8217;ll get a better [...]]]></description>
			<content:encoded><![CDATA[<p>If you’ve recently been stopped for a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>, you’ve probably received dozens – or hundreds – of letters from lawyers, advertising their services and their prices.</p>
<p>No lawyer can guarantee an outcome. Avoid letters where the lawyer promises a result.  And just because you pay more for a lawyer doesn’t mean you’ll get a better result.</p>
<p>But you should be careful about hiring a lawyer for $700 to handle your <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>.  That’s because <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> cases can be complicated cases.  These are not regular traffic offenses.  These are serious criminal offenses.</p>
<p>And a lawyer who charges $700 for a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> has to take 3 or 4 <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> cases in order to earn as much money as higher priced lawyer.</p>
<p><span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> lawyers who make their money on volume may not be able to spend as much time on each <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> as a lawyer who can take fewer cases, but devote more personalized attention – and investigation and research – into each case.</p>
<p>Consider that when thinking about hiring the cheapest <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> lawyer…</p>
<hr>Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina.  He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle.  If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
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		<title>New York leads the way with tougher DWI, drunk driving laws</title>
		<link>http://www.chetson.com/2009/11/new-york-leads-the-way-with-tougher-dwi-drunk-driving-laws/</link>
		<comments>http://www.chetson.com/2009/11/new-york-leads-the-way-with-tougher-dwi-drunk-driving-laws/#comments</comments>
		<pubDate>Sun, 22 Nov 2009 16:28:48 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh DWI Lawyer]]></category>
		<category><![CDATA[Apex DWI Lawyer]]></category>
		<category><![CDATA[Cary DWI Lawyer]]></category>
		<category><![CDATA[DUI attorney apex]]></category>
		<category><![CDATA[dui lawyer cary]]></category>
		<category><![CDATA[dui lawyer raleigh]]></category>
		<category><![CDATA[dwi lawyer cary]]></category>
		<category><![CDATA[grossly aggravating factors]]></category>
		<category><![CDATA[raleigh dwi lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/2009/11/new-york-leads-the-way-with-tougher-dwi-drunk-driving-laws/</guid>
		<description><![CDATA[In North Carolina, driving with a child under the age of 18 in your car at the time you were impaired is considered a &#8220;grossly aggravating factor&#8221; for which the judge must impose a Level 1 punishment as of December 1, 2011. Level 2 is also a severe sentencing level under North Carolina&#8217;s misdemeanor statute....]]></description>
			<content:encoded><![CDATA[<p>In North Carolina, driving with a child under the age of 18 in your car at the time you were impaired is considered a &#8220;grossly aggravating factor&#8221; for which the judge must impose a Level 1 punishment as of December 1, 2011.</p>
<p>Level 2 is also a severe sentencing level under North Carolina&#8217;s misdemeanor statute. Punishment for a Level 2 <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> involves a fine of up to $2,000 and imprisonment for 7 days to 12 months. If the sentence is suspended, the judge must impose an active term of 7 days in jail. Only Aggravated Level 1 and Level 1 are tougher. Aggravated Level 1 requires at least 120 days and up to 3 years in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.</p>
<p><a href="http://www.cnn.com/2009/CRIME/11/19/new.york.dwi.law/">New York is taking drunk driving with a child</a> under the age of 16 in the car a step further.</a> According to CNN, New York has made driving drunk with a child a felony punishable up to four years in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Wake County, NC. Durham Criminal Lawyer Damon Chetson also represents people charged in Wake County, Durham County, Orange County and Chatham County.  The Chetson Firm is available day or night, weekdays or weekends. Call day or night for a free consultation (919) 352-9411.
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		<title>Drunk driving! Is a golf cart considered a vehicle?</title>
		<link>http://www.chetson.com/2009/09/drunk-driving-is-a-golf-cart-considered-a-vehicle/</link>
		<comments>http://www.chetson.com/2009/09/drunk-driving-is-a-golf-cart-considered-a-vehicle/#comments</comments>
		<pubDate>Sat, 26 Sep 2009 03:45:16 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh DWI Lawyer]]></category>
		<category><![CDATA[Apex DUI Lawyer]]></category>
		<category><![CDATA[Cary DUI Lawyer]]></category>
		<category><![CDATA[dui apex]]></category>
		<category><![CDATA[dui cary]]></category>
		<category><![CDATA[dui lawyer raleigh]]></category>
		<category><![CDATA[dui raleigh]]></category>
		<category><![CDATA[raleigh dwi lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=109</guid>
		<description><![CDATA[Out of Nebraska comes tragic news of Kim McIllece, a woman who is accused of driving a golf cart while drunk. When McIllece couldn&#8217;t avoid a culvert, the cart flipped over and killed a passenger, her friend Debi Deines. Her lawyer argues that Nebraska DUI and drunk driving laws shouldn&#8217;t apply to McIllece because a golf...]]></description>
			<content:encoded><![CDATA[<p><img src="http://www.funnyhub.com/content_images/4765_2383_monster-golf-cart.jpg" alt="Not your typical golf   cart, but definitely a vehicle!" hspace="3" width="250" align="left" />Out of Nebraska comes tragic news of Kim McIllece, a woman who is accused of driving a golf cart while drunk. When McIllece couldn&#8217;t avoid a culvert, the cart flipped over and killed a passenger, her friend Debi Deines.</p>
<p>Her lawyer argues that Nebraska DUI and drunk driving laws shouldn&#8217;t apply to McIllece because a golf cart is not a vehicle..</p>
<p>In North Carolina, a vehicle is defined broadly, and can obviously include cars, trucks, vans, but can also include mopeds, tractors, ATVs, golf carts, and even electric wheelchairs. People riding bicycles on public roads have even been <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> of drunk driving even though a bicycle doesn&#8217;t have an engine.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
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