TRAFFIC CHARGES DROPPED AFTER PROVING CLIENT WASN’T AWARE OF LICENSE REVOCATION

WILMINGTON, NC – A criminal defense lawyer of Marcilliat & Mills PLLC, handled the negotiations of a client’s charges of Driving While License Revoked, Driving on a Foreign License and Order for Arrest, ultimately persuading the State to dismiss all charges.

It was not until the client attempted to obtain a license his home state that he found North Carolina Division of Motor Vehicles (“NCDMV”) had placed a hold on his license. It was alleged that the client, knowingly and willfully drove within the State of North Carolina using another state’s license while his North Carolina driving privileges were revoked. After carefully researching the root of his client’s revocation, our criminal defense lawyer discovered that the issue stemmed from a 1993 Driving While Impaired (“DWI”) charge that the client believed had been resolved. It turned out that the DWI charge was not resolved by the attorney initially retained to handle the case, resulting in an order for arrest to be issued for the client and his driving privileges revoked.

In speaking with the Assistant District Attorney, the defense lawyer from Marcilliat & Mills PLLC was able to illustrate that the client had never been informed by either the NCDMV or his previous attorney that his driving privileges had been revoked. Because our defense lawyer was able to prove that the client had never been notified, the attorney was able to cast doubt on the State’s ability to prove that the client had actual knowledge of the revocation of his driver’s license prior to driving. Additionally, the Wilmington defense lawyer from Marcilliat & Mills PLLC was able to show that the “foreign” license his client was issued at the time of the charge was valid and was not obtained in an effort to circumvent the law of North Carolina.

As a result, the State’s desire to prosecute was diminished and it agreed to dismiss all charges against the client. The dismissal allowed the client to obtain a new license in his home state, permitting him to gain employment as a truck driver.

DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the Marcilliat & Mills PLLC. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results because prior results do not guarantee a similar outcome..

For more information about Marcilliat & Mills PLLC, please visit our criminal defense website and criminal defense blog. Our team of experienced criminal defense lawyers defend individuals against sex crime charges, DWI charges and abuse charges, among others in New Hanover County and across the state of North Carolina. Please contact the law firm or call 919-838-6643 for a free consultation. Marcilliat & Mills PLLC, can also be followed on Facebook at facebook.com/nc.criminal.defense.

North Carolina v. J.S.
Accusation: Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.

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