20 + YEARS EXPERIENCE
Felony, Misdemeanor, Domestic Violence, Impaired Driving, Speeding, Reckless, Accident Ticket, Revoked License, Alcohol, Drug and Weapon Possession, Theft, Assault, Commercial Driver
DMV Hearing, Limited Driving Privilege Permanent Suspension, High Speed, Out of State Conviction, Willful Refusal, Ignition Interlock, Medical Review, Insurance Lapse, CDL, Dealer License
Petition to Expunge Non-Violent Misdemeanor and Felony, Petition to Expunge Voluntary, Conditional and Discharge Dismissal, Correcting Record, Certificate of Relief, Juvenile Record
DAVID C. DRISCOLL, ESQ.
Founder and Owner
N.C. Bar # 28504
Mr. Driscoll was born and raised in Mecklenburg County, North Carolina and lives in Charlotte with his wife, Christie, two children, Abbie and William, their English Springer Spaniel, Judge, and two cats, Charlotte and Asheville.
For more than 20 years, Mr. Driscoll has handled a variety of criminal, traffic, DMV and record restoration matters in the Mecklenburg County area and various DMV locations. During this time, he has developed a time-tested process that skillfully guides his clients through the complexities and adversities of the Criminal and DMV systems.
Please complete the "New Case Inquiry" form and Mr. Driscoll will personally review your legal issue.
Education
Campbell University, Norman Adrian Wiggins School of Law, J.D., 2002
University of North Carolina - Charlotte, B.A., English and Philosophy, 1997
West Charlotte High School, 1992
Professional
North Carolina State Bar, Admitted 2002
North Carolina Bar Association
Mecklenburg County Bar Association
Mecklenburg County Criminal Defense Association
Being charged with a crime is a very serious matter. But knowing your options can help avoid or mitigate some of the most serious consequences of a criminal conviction.
Most importantly, every criminal defendant has a right to pled not guilty. Upon a plea of not guilty, a trial will be conducted. In District Court, a trial is held by a bench judge, who is the finder of law and fact. In Superior Court, the judge finds the law and the jury finds the facts. In either case, you must be found guilty beyond a reasonable doubt. If you are found Guilty, a sentencing hearing will be held. If you are found not guilty, you finish with no criminal conviction.
During the trial process, and leading up to your trial, you are afford many important rights. For instance, here are a few rights guaranteed by the United States Constitution:
Additionally, if you and your lawyer decide that a trial will most likely lead to a conviction or a worse sentence, you may consider plea negotiations with the State. Based on numerous factors, including but not limited to, the facts of your case, the victims involved, legal requirements and your record, plea negotiations could result in a dismissal of some or all of your charges, a reduction of your charges or an agreed upon more lenient sentencing.
Some examples of negotiation tools are as follows:
Impaired Driving charges are treated much like criminal charges in North Carolina. While you have the right to trial and all the rights related to trial, N.C.G.S. 20-138.4, effectively prohibits plea negotiations in implied consent offenses, including Impaired Driving.
As a result, you must work with your lawyer to develop a trial defense and make efforts to mitigate your sentence, if convicted.
In preparing for an Impaired Driving defense, you and your lawyer must first determine: can the State prove the elements of Impaired Driving beyond a reasonable doubt? The elements of Impaired Driving are generally stated as follows: the person commits the offense of Impaired Driving if he or she:
Independently of whether the State can prove the elements of Impaired Driving, you and your lawyer can review any pretrial motions to suppress or dismiss incriminating evidence. In short, pretrial motions focus on , but not limited to, the following:
Pretrial motions to suppress or dismiss an Impaired Driving charge must be filed pretrial. If the motion is presented during trial, a Judge could consider it waived or untimely.
If ultimately you are convicted, the judge must hold a sentencing hearing pursuant to N.C.G.S. 20-179. During this sentencing hearing, a Judge will consider the mitigating, aggravating and grossly aggravating factors to determine your level of punishment, Level 5 (lowest) through Level A1 (highest).
While the State must prove the aggravating and grossly aggravating factors beyond a reasonable doubt, you must prove mitigating factors by a preponderance of the evidence. The statutory mitigating factors are as follows:
Some of the most common Impaired Driving sentencing terms include, but not limited to, the following:
After reviewing all the facts and law involved with your case, your lawyer can advise you on your right to trial and how to mitigate conviction consequences, including but not limited to, determining if there are alternatives to jail or a limited driving privilege.
By paying a ticket online, you are admitting guilt. As a result, you will be convicted and treated the same as if you went to court and pled guilty and convicted in front of a Judge. A record of this conviction will be reported to your DMV and criminal record. In some cases, you will be assessed DMV points, insurance points, monetary punishment and a possible revocation of your driving privilege.
Do not pay an out of state or in state ticket without consulting with an attorney.
Insurance Points are assessed against your insurance policy for certain traffic convictions and at-fault accidents. These points, determined by the Safe Driver Incentive Plan, can surcharge and increase the costs of your insurance for years. Importantly, even if your insurance company is prohibited from assessing surcharge points, it can still consider raising your basic premium based on various factors, including a criminal or traffic conviction.
DMV Points are assessed against your DMV record for certain traffic convictions. While these points do not generally cause a financial penalty, your driver license may be revoked if you receive 12 points within three years.
Prayer for Judgment Continued, commonly referred to as "PJC" is not treated as a conviction for DMV purposes. But, unfortunately, a PJC still counts as a criminal conviction on your criminal record and for sentencing points.
Depending on the facts of your case, a PJC can help you avoid insurance points, DMV points and other punishments. such as a driver license suspension.
However, there are several limitations to a PJC. For instance, a PJC in not allowed for:
Under N.C.G.S. 20-123.2, if your speedometer is not in proper working order, you are responsible of an infraction. This is referred to an offense of "Improper Equipment". Interestingly, this violation is a moving violation but does not carrying any insurance or DMV points.
Important: an "Improper Equipment" will disqualify you from a DMV driver license restoration hearing.
Under certain circumstances, an Assistant District Attorney could reduce your ticket (even tickets not related to speeding) to Improper Equipment without proof of its malfunction. However, by law, speeding in excess of 25 miles per hour over the speed limit cannot be reduced to Improper Equipment.
Yes, DMV will send important notices to the last mailing address it has on file. Most importantly, DMV notices have time sensitive deadlines, and if you miss the deadline, you waive certain rights forever.
DMV does not forward mail.
Update your address here: https://payments.ncdot.gov
Take Action Immediately! The notice will inform you of specific instructions and deadlines. If you fail to take action, you could forfeit important rights forever. If you don't understand the notice, you should call a lawyer to review your options.
In some circumstances, you may be eligible for a DMV hearing. However, DMV Hearings involve complex rules.
Among other types of hearings, you may be entitled to a DMV hearing under these statutes::
This is not an exhaustive list. If you are suspended, contact a lawyer to see if you qualify for a DMV hearing.
When authorized by law, a judge may grant you a limited driving privilege. While the limited driving privilege does not end the suspension, it overrides the suspension and allows you to drive under certain restrictions.
Here are some examples of offense which, if eligible, allow for a limited driving privilege:
This is not an exhaustive list. If you are suspended, contact a lawyer to see if you qualify for a limited driving privilege.
Most likely, once North Carolina suspends your driving privilege, a block will be placed on the National Registry. Depending on the foreign state's laws, you could be "blocked" or prevented from applying for a driver license in that state.
North Carolina participates in National Reciprocity and the Driver License Compact.
Yes, under N.C.G.S. 20-23, North Carolina will accept certain out of state convictions, treat the conviction as if it occurred in North Carolina and may order a suspension for that conviction.
Even if North Carolina orders a suspension for an out of state conviction, you may be eligible for a DMV hearing or limited driving privilege.
Do not pay an out of state ticket without consulting with an attorney.
Depending on the type of record you need, there is a different process to obtain the record.
In most cases, it is important to pull all three types of background checks to get an accurate picture of your entire record. Use this link for information on how to pull all three types of background checks.
Under N.C.G.S. 15A-153, an Expunction is a petition filed in court "to clear the public record of any entry of an arrest, criminal charge, or criminal conviction that has been expunged so that (i) the person who is entitled to and obtains the expunction may omit reference to the charges or convictions to potential employers and others and (ii) a records check for prior arrests and convictions will not disclose the expunged entries."
Unfortunately, there are some exceptions to this rule.
You can file an Expunction of certain convictions, for example:
You can file an Expunction of any and all dismissals, except traffic related offenses, for example:
N.C.G.S 15A‑146: Expunction of records when charges are dismissed or there are findings of not guilty.
Please note: Under 15A-146(a4), some dismissals are expunged by operation of law. This means that you do not need to file a petition to get a dismissal expunged - it happens automatically.
This is not an exhaustive list of all types of Expunctions.
If you have a conviction or dismissal you would like removed, please contact a lawyer to discuss your options.
Yes, petitions to remove criminal convictions and certain dismissals require a $175 filing fee.
Consult your lawyer or Clerk of Court to determine if a filing fee is required for your petition for expunction.
The length of the Expunction process is dictated by three main factors:
Historically, petitions have taken approximately 6 months to process. But with recent backlogs, that timeframe has been extended.
Pursuant to N.C.G.S. 15A-173.1, you may be eligible to apply for a Certificate of Relief and request the Court for relief from some of the collateral consequences of a criminal conviction. For example, with a Certificate of Relief, an employer may be able to waive a conviction disqualification.
Unfortunately, even if a Certificate of Relief is granted, the criminal conviction is not removed from your criminal record. If you want to remove the criminal conviction, you must determine if you qualify for an Expunction and follow that process, if eligible.
N.C.G.S. 14-415.4 governs the criteria for applying for restoration of your gun rights. Among other strict criteria, you must have only been convicted of one non-violent felony and wait at least 20 years from the date your civil rights were restored before filing the petition.
1244 East Boulevard, Suite 2, Charlotte, North Carolina 28203
Email: david@dcdesq.com Call or Text: 704-334-8200
2024 Law Office of David C. Driscoll, Esq. - All Rights Reserved
The information on this site is not intended to create an attorney client relationship or provide legal advice. Before you make any decisions related to your specific case, consult a lawyer.