When you are cited for speeding in Dare County, the charging officer will sometimes tell you that you can pay off the ticket and avoid a court appearance. What they often fail to tell you is that one Dare County speeding ticket can cost you thousands when you consider increased insurance premiums. Let’s do some math!

According to NerdWallet, the national average for car insurance is $1,427 for a driver with good credit. The North Carolina Commissioner of Insurance allows a 3 year increase in insurance premiums based on convictions for moving violations in NC. A simple Dare County speeding conviction of 69 mph in a 55 mph zone would cause an NC driver to incur 2 points for insurance purposes. The NC Insurance Commission allows a three year, 45% increase of a driver’s premium based on a 2 point conviction.

So, if a driver’s annual premium is $1,427, then over 3 years it is $4,281. A 45% increase would cause that driver to pay a total of $6,287.45 over 3 years – an additional $1,926.45 in premiums!

Let’s say a person decided to represent themselves in Dare County court and pleaded guilty to a 76 mph in a 55 mph zone. The NC Commissioner allows an 80% increase for that conviction. Not only would the driver be subjected to a suspension of their license in this case, but would also go from paying $4,281 over 3 years to paying $7,705 – a $3,424.80 increase!

If you are accused of speeding in Dare County, please consider hiring a reputable criminal defense lawyer. If you have a lawyer in the area, use them. If you need a lawyer, please give us a call so that we might help you avoid some of these unintended consequences of a Dare County speeding ticket.

Since 2010, Donahue Defense has had the honor of providing legal representation to Outer Banks locals and visitors in traffic ticket cases, DWI cases, drug possession offenses, and other criminal matters.

Federal Crimes – OUI and Traffic Tickets

Cruising on the sand and enjoying the salt air can come to an abrupt stop if someone is stopped by U.S. Park Rangers on the Cape Hatteras National Seashore. Unlike most traffic stops on the Outer Banks which are prosecuted in Dare or Currituck County, a citation or arrest on Park Service Property will be handled in U.S. District Court in the Eastern District of North Carolina. Depending on the severity of the offense charged, the case will be heard in either Elizabeth City or Raleigh federal courthouse.

The severity of a crime is defined by the class of crime charged. There are four classifications of federal crimes:

• Federal Felonies – a felony is any offense for which the maximum term of imprisonment is more than one year. Felony offenses can be further broken down into classes A-E based on the maximum authorized term of imprisonment.
• Federal Misdemeanors – a misdemeanor is any offense for which the maximum term of imprisonment is one year or less. Misdemeanor offenses can be further broken down by maximum authorized terms of imprisonment.
  • Class A Misdemeanor – One year of less, but more than 6 months
  • Class B Misdemeanor – Six months or less, but more than 30 days
  • Class C Misdemeanor – 30 days or less, but more than 5 days
• Federal Infractions – An infraction is an offense for which the maximum term of imprisonment is five days or less, or an offense for which no term of imprisonment is authorized.
• Federal Petty Offenses – Federal offenses which carry a term of 6 months or less (Class B and C misdemeanors and federal infractions) are often referred to as Petty Offenses. Defining a crime or infraction as a “petty offenses” carries procedural significance. First, the government can prosecute the offense on a citation or violation notice issued by U.S. Park Rangers (as opposed to an indictment or complaint). Secondly, the defendant loses the presumptive 6th amendment right to a jury trial if issued a petty offense. Finally, petty offenses can be tried by a magistrate judge without the consent of the defendant.

Federal OUI – Elizabeth City

Impaired driving offenses on Cape Hatteras National Seashore are Class B Misdemeanors. There are two ways in which these federal impaired driving offenses are charged and people are regularly charged with both. The Code of Federal Regulations makes it unlawful to operate or be in actual physical control of a motor vehicle while:

1. Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or
2. The alcohol concentration in the operator’s blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath.

As noted above, Class B misdemeanors are “petty offenses.” These offenses will be tried in U.S. District Court in Elizabeth City by an attorney from the United States Attorney’s Office for the Eastern District of North Carolina and in front of The Honorable Chief United States District Judge Terrence Boyle. The maximum penalty for this Class B petty offense is 6 months imprisonment, a fine of up to $5,000.00 and not more than 5 years of probation.

Federal Traffic Tickets – Elizabeth City

Nearly all federal traffic tickets issued on the Cape Hatteras National Seashore, in Bodie Island, Hatteras Island, or Ocracoke Island, will be either payable or will be heard in U.S. District Court in Elizabeth City.

Should I Pay Off My Federal Speeding Ticket?

If you have received a ticket that looks like this, you are going to either be able to pay off the ticket through the Central Violations Bureau, or you’ll have a mandatory court date and must appear. If you can pay the ticket, should you?

The short answer is no. Do not pay off any tickets until you have consulted with a practicing federal lawyer. Although paying off the ticket might seem like the fast, cheap, and easy thing to do, as you can see in this post, it can carry major costs or penalties over the long-term. As stated on this Central Violations Bureau web page:

By paying the amount due you may be admitting to a criminal offense and a conviction may appear in a public record with adverse consequences to you. You have a right to know more about the charge against you, and you may obtain a complete statement of the charge by calling CVB at 800-827-2982. By paying the amount due you waive your right (1) to contest the ticket, (2) to a trial, and (3) to be represented by counsel. If you are charged with a motor-vehicle violation, your payment may be reported to your state’s motor-vehicle or driver-licensing agency. As a result, points may be assessed against your driving record, your license or registration may be suspended, and additional fees may be imposed by your state. “

Whenever you are facing an infraction or criminal charges, you should consult with a local, qualified defense lawyer. Traffic and criminal convictions are often more serious than they seem at first glance. Your license or liberty might be on the line if you don’t take the appropriate steps to resolve your case.

If you have received a ticket or been arrested in Hatteras or Ocracoke and are seeking legal advice, please give us a call. Donahue Defense is trusted local name and is here to help you through the federal court process. There’s no charge for a consultation and we look forward to answering all your questions about representation. Thank you for visiting.

Becoming a Board Certified Specialist in State and Federal Criminal Law

Non-lawyers are often curious how one becomes a legal specialist. Below is information about the standards that must be met to become board certified as a specialist in state and federal criminal law. The rigorous application and testing process helps explain why of the 28,302 lawyers in North Carolina, only 63 are state and federal criminal law specialists – a mere .22%.

As the NC State Bar Board of Legal Specialization states, “Hiring a board certified legal specialist helps to ensure that your lawyer is proficient in the specialty legal field in which you have a legal need. When you are looking for a lawyer, you can use board certification to identify lawyers who are qualified to represent you.

Board certification is an indication that the lawyer has intentionally focused his or her legal practice to improve the proficiency and quality of the lawyer’s legal services and to stay current in the specialty field.

Board certification, unlike the self-laudatory information in advertising and marketing, is a credential that you can rely upon because it is based upon objective criteria.”

Read more about the Board of Legal Specialization here.

Summary of Standards

Licensure

Licensed and in good standing to practice law in North Carolina as of the date of application.

Substantial Involvement in Criminal Law

During the five years preceding application:

• Average of at least 500 hours a year.
• Minimum of 400 hours for any one year.

Practice equivalents may be accepted for the following:

• service as a law professor for one year
• service as a federal, state or tribal court judge for one year.

Additional information required regarding: (A) representation during the applicant’s entire legal career in criminal trials concluded by jury verdict; (B) representation as principal counsel of record in federal felony cases or state felony cases (Class G or higher) (C) court appearances in other substantive criminal proceedings in criminal courts of any jurisdiction; and (D) representation in appeals of decisions to the North Carolina Court of Appeals, the North Carolina Supreme Court, or any federal appellate court.

Continuing Legal Education

During the three years preceding application:

• At least 40 hours of accredited CLE in criminal law, which must include the following:
  • at least 34 hours in skills pertaining to criminal law, such as evidence, substantive criminal law, criminal procedure, criminal trial advocacy, and criminal trial tactics;
  • at least 6 hours in the area of ethics and criminal law.

Peer Review

Must provide the names of ten lawyers or judges who practice in the field of criminal law and are familiar with the competence and qualification of the applicant in criminal law.

Must also provide a list of opposing counsel and judges in eight recent cases tried to verdict or entry of order.

All references must be licensed and in good standing to practice law.

A reference may not be related by blood or marriage to the applicant nor may the reference be a colleague at the applicant’s place of employment at the time of the application.

Exam

6 hours long (two 3-hour sessions).

The examination shall cover the applicant’s knowledge in the following topics in criminal law, and/or in the subspecialty of state criminal law, as the applicant has elected:

(A) the North Carolina and Federal Rules of Evidence;

(B) state and federal criminal procedure and state and federal laws affecting criminal procedure;

(C) constitutional law;

(D) appellate procedure and tactics;

(E) trial procedure and trial tactics;

(F) criminal substantive law;

Tested Topics Include the Following:

State Topics:

• Admissibility of testimony
• Justice Reinvestment Act
• Admissible evidence
• Jury considerations
• Automatic appeal
• Jury selection
• Business record introduction
• Lesser-included offenses
• Collateral consequences (to include license and insurance consequences)
• Motion for joinder
• Confidential communication between Attorney and client
• Offense classification and sentencing enhancements (emphasis given with multiple questions)
• Criminal history categories
• Pretrial release
• Criminal record
• Probation
• DWI (emphasis given with multiple questions to include pertinent case law)
• Search warrant
• Ethics
• Sex Offender Registration
• Evidence Rule 803(4)
• Structured sentencing act
• Good faith reliance
• Subpoena for witness
• Grand jury testimony
• Trial procedure
• Impeaching a witness
• Validity of search
• Infractions
• Witness interview procedures
• Insanity/diminished capacity

State and Federal Section:

• Consent to Search
• Misdemeanor statute of limitations
• Defense strategies
• Motion for new trial
• Domestic violence
• Motion to Suppress
• DWI (emphasis given with multiple questions to include pertinent case law)
• Plea agreement
• Enhanced punishment
• Post-conviction relief
• State Rules of Evidence
• Rules of professional conduct
• Federal proffered plea agreements
• Satellite-based hearings
• Federal Rules of Evidence
• Sex offender registration
• Federal Sentencing Guidelines
• Trial procedure
• Felony statutes of limitations
• Trial scheduling
• Grand Jury
• Trust accounts
• Jencks Act (18 U.S.C §3500)
• Venue options
• Mandatory minimum sentences
• Witness impeachment

In North Carolina, there are a few ways that an Outer Banks DWI conviction can trigger an ignition interlock restriction – sometimes called the “blow and go.” As an NC DWI lawyer, I’d say the most common is when a defendant is convicted of an NC DWI and had an alcohol concentration of .15 or more. The second most common is when the defendant had a prior DWI within 7 years preceding the date of the offense for which the person’s license has been revoked.

Following an NC DWI conviction, the time for which an interlock restriction will be required depends on the time a person’s license is suspended. If the person is suspended from driving for one year, the restriction lasts for one year. If the suspension is for 4 years, the restriction is for 3 years. In the case of a permanent suspension, the interlock restriction lasts for 7 years. What is the restriction? That also depends. If the DWI interlock restriction is for blowing .15 or above, then the driver cannot register a .04 or greater on the interlock device for the restricted period.

If the suspension is for having a prior DWI conviction within 7 years, the driver cannot register over a .00 on the interlock device. Although these are the most common reasons for an ignition interlock requirement, there are a few others. If you or a loved one has been accused of Driving While Impaired in the Outer Banks or the surrounding area of North Carolina, give us a call to talk about your case. We’re here and ready to help.

Whether Daniel Donahue is a “Harvard-trained lawyer” might be debatable but in late July 2015, Mr. Donahue joined members of the National College of DUI Defense, Inc. for an intensive one week DUI seminar in Austin Hall at the Harvard Law School.  Members from around the country joined for this meeting to discuss the newest, most cutting-edge defenses in the nation.  The focus of the week was making sense of the science that is used in DUI/DWI testing and how to challenge it.

Donahue says, “You cannot make sense of the science because it is all pretty flawed.  It was eye-opening to be part of a large group of professionals who all understood that much of DWI science is “junk-science” geared at convictions and revenue.  I walked away more knowledgeable and proud of the fact that if we lawyers are able to teach judges and juries some of what we know, we can really help the people who deserve it.”

Donahue is now back in northeast North Carolina defending DWI and other criminal cases throughout the Elizabeth City and Outer Banks region.

Daniel Donahue, along with nine other National Association of Criminal Defense Lawyers members and their guests gathered Jan. 19, 2016, in the nation’s capital at the U.S. Supreme Court for NACDL’s group admissions ceremony. NACDL President E.G. “Gerry” Morris made the motion for admission to the Supreme Court Bar. Pictured from left to right are Linda Lee McCausland, Britt Morton Cobb, Robin Sax Katzenstein, Julio A. Jaramillo, Gerry Morris, Daniel P. Donahue, Gabriel Reyes, Don A. Thompson, Cynthia C. Chappell, Sarah Thomas Kovoor, and Jessica N. Carmichael.