David R. Payne, P.A. is a law firm built upon a reputation of honest, aggressive and comprehensive legal representation. Our attorneys are natives of the Asheville area and appreciate the opportunity to serve both corporate and individual clients in a range of legal matters.
James (Jake) Minick was admitted to practice in North Carolina in 2009. Jake graduated magna cum laude from the Charlotte School of Law, where he served as the Senior Managing Editor of the Charlotte Law Review and as an Associate Justice on Moot Court. Jake is a Waynesville native. He is happily married and has a beautiful daughter.
James concentrates his practice in fighting for individuals charged with state felony and misdemeanor crimes, including traffic violations. He understands that being accused of driving while impaired can be a stressful, embarrassing and expensive ordeal. Moreover, even for a misdemeanor DWI charge, there is a maximum punishment of two years in prison and as much as $4000.00 fine. Finally, your driving privileges may be suspended as a result of a DWI and your insurance rates can increase dramatically as a result of a DWI conviction.
Because of the seriousness of this offense, Attorney Minick will take the time to understand your situation intimately. While the North Carolina laws governing DWI charges are complex, James has the professional knowledge and skills to guide you through the court process and protect your constitutional rights. He is committed to fighting like a Spartan on your behalf and to help you get your life back on track.
North Carolina DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
North Carolina
.08
.00
.16
Yes
DEFINITIONS: "Per Se" Blood Alcohol Concentration (BAC) Level As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
North Carolina DUI Law Highlights: Selected Penalties (Table 2)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
North Carolina
60d/ 60d/ 90d
Both - in limited circumstances
4th offense
Yes
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS: Administrative License Suspension/Revocation The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs.
Ignition Interlock A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device.
COMMONLY ASKED QUESTIONS AND ANSWERS
TYPE OF CASES MY FIRM HANDLES I handle many types of criminal cases including Drinking and Driving (DWI / DUI) and Traffic Offenses.
YOU SHOULD HIRE ME IF: You want an experienced trial attorney who will personally handle your file. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
IF YOU WANT TO TELL MY LAW FIRM ABOUT YOUR SITUATION YOU SHOULD: I will personally communicate with you. If I am in Court when you call, you can leave a message with my receptionist. I personally guarantee you will hear back from me in 24-hours or less. My office phone is (828) 258-0076
MY CLIENTS WILL TELL YOU THAT: My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition, my personal and regular contact with clients, availability and involvement with every aspect of the case allows me to obtain the most favorable results.
MY PHILOSOPHY ON HOW I APPROACH EACH CASES IS: Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
IF YOU WANT TO LEARN MORE ABOUT MY FIRM YOU SHOULD: Call for a consultation at (828) 258-0076, during which I can answer all of your questions.
