Jun 22, 2021 | Traffic & DWI |
By Attorney, Drew Nelson What Happens If I’m Convicted of A DWI? Being convicted of Driving While Impaired or (DWI), is a very serious matter. A DWI can be based upon impairment involving alcohol, prescription drugs, illegal drugs, or other impairments. According to, the National Highway Traffic Safety Administration “Interactions between alcohol and other substances in the body such as certain medications or illegal drugs increase impairment and make driving more risky.” If a person pleads guilty or is convicted of a DWI, its important to know what exactly happens once convicted. If you are convicted of a DWI in North Carolina, this means the state has met the burden of proof. There are only two ways the state may prove that a driver was driving while impaired. These two ways are proven by: Showing that the driver’s physical or mental faculties, or both, have been appreciably impaired by an impairing substance.Showing that the driver’s blood alcohol concentration (BAC), is 0.08 or higher. The severity of the impairment does not matter when someone’s BAC is above the legal limit of 0.08. A seemingly sober person with a BAC of greater than 0.08 can still be convicted of DWI. What Really Happens According to the North Carolina Department of Public Safety, there are five levels of misdemeanor Driving While Impaired. The levels range from the most serious (level 1), to the least serious (level five). To determine the proper level of punishment, the sentencing Judge determines whether or not there are any grossly aggravating factors, aggravating factors, and mitigating factors present. These five levels are: LEVEL 1: A person subject...
Jun 17, 2021 | Just Great Info |
We’ve all been looking forward to summer this year, perhaps more than ever. COVID-19 related Restrictions in North Carolina and around the United States are lifting just in time for planning your vacations and activities for the summer. While we all can rejoice in the fact that we can spend our summer days and summer nights outside, there are a few things to keep in mind when it comes to keeping your friends, family and loved ones safe. Safety At Home What is summer without the heat, humidity, and high temperatures? We all now the sun is the best source for vitamin D. However, too much sun during the summer months can often prove to be deadly for small children, seniors, and people with underlying health issues. According to the Centers For Disease Control and Prevention (CDC), “Heat-related illnesses, like heat exhaustion or heat stroke, happen when the body is not able to properly cool itself. While the body normally cools itself by sweating, during extreme heat, this might not be enough.” You should know the warning signs of heat exhaustion and heat stroke and how to treat it and always remember to consume plenty of non-alcoholic drinks to stay properly hydrated. Visit the CDC website to learn more about how to keep you and your family safe this summer. Water Safety Heading to the lake, pool, or ocean this summer, then you should definitely know how much water safety is important. According to www.nsc.org , “While drowning deaths peak among one and two year old’s, drownings continue to be the second leading cause of preventable death through age...
May 27, 2021 | Wrongful Death |
By Attorney, Roy McDonald Should I Pursue a Wrongful Death Claim? If you believe someone is responsible for the death of a loved one and are thinking about pursuing a wrongful death claim, there are a few things you should know. What is a Wrongful Death? Pursuant to Section 28A-18-2(a) of the North Carolina General Statutes, a wrongful death is a death caused “by a wrongful act, neglect, or default of another.” What are Examples of a Wrongful Death? Examples of a wrongful death include, but are not limited to, a death caused: By an automobile collision.By a drunk driver.During the commission of a crime.By the accidental discharge of a firearm.By a property owner’s failure to correct a known safety issue.By a defective product.By a health care provider’s malpractice. Who Can Make a Wrongful Death Claim? A wrongful death claim is made by the personal representative designated to wrap up the decedent’s final affairs. This person is likely named in the decedent’s will as the decedent’s executor or executrix. If the decedent did not have a will, the Clerk of Superior Court will appoint a person to be the decedent’s administrator or administratrix. In either case, an estate must be opened with the Clerk of Superior Court and a personal representative must be designated to make a wrongful death claim. What Damages can be Sought in a Wrongful Death Claim? Pursuant to Section 28A-18-29(b) of the North Carolina General Statutes, the following types of damages may be sought in a wrongful death claim: Medical expenses.Pain and suffering.Funeral expenses.Loss to the decedent’s family, including:Loss of the income the decedent would...
Mar 19, 2021 | Real Estate Law |
By Ryan McNeill, Attorney The housing and real estate market has seen significant increases in sales since the start of the new year. Buyers are looking to take advantage of low-interest rates and sellers are enjoying historic high sales prices. This high volume of activity means Realtors, mortgage lenders, and real estate attorneys are all working hard to keep the buying/selling process moving. One of the necessary tasks that must be completed prior to closing is a title search. This search protects the buyer and lender. Here are answers to some frequently asked questions when it comes to real estate title searches. Q: What is the importance of a real estate title search? A: Real estate transactions involve large dollar amounts. As a buyer, you want to do everything possible to protect yourself and your investment. in these types of transactions. Here are five reasons you should have a title examination: Need to identify whether there are existing deeds of trust, judgment liens, tax liens, past due county taxes, or other liens of record that interfere with a purchaser getting a clear title for the property.Need to identify whether the seller is competent to transfer title or contract for the sale of the property.Need to identify whether there is a homeowners’ association and whether there are dues or potential obligations or restrictions that may arise with the ownership of the property.May assist in determining whether there is a need to get a new survey, for the property to be accurately identified in the purchaser’s deed.Determines who the parties are that need to join in the execution of a deed...
Mar 16, 2021 | Real Estate Law |
By Ryan McNeill, Attorney As eClosings become more and more routine, there are a few things you should keep in mind: Does my loan officer offer eClosings? As a first-time buyer or experienced buyer, you should ask if your lender offers eClosings as an option. There are three common types of eClosings: Hybrid eClosing – a combination of signing documents with the use of “wet” (pen) and digital signatures in the physical presence of a notary.Remote Online Notarization (RON) – signing documents electronically with the use of audio and video technology without the physical presence of a notary.In-Person Electronic Notarization (IPEN) – signing documents electronically in the physical presence of a notary. While the pandemic and social distancing have only heightened the need for eClosings, there are institutions that still require the traditional physical presence of a notary. Research what works best for you. 2. eNotary Solution Providers An electronic closing on a real estate transaction in North Carolina requires your signature be notarized. All signatures notarized must be done so through a North Carolina approved Electronic Notary Solution Provider. Before you start the closing process it is important to know which electronic notary platforms are approved in North Carolina. According to the North Carolina Secretary of State’s website, “All electronic notarization solutions including electronic signatures and seals may only be obtained from the Electronic Notary Solution Providers authorized by the N.C. Department of Secretary of State.” For a full list of eNotary solution providers authorized in North Carolina click here. 3. Showing Proof of Identity Positive identification is still required for all electronic certified acts. According to the...
Feb 11, 2021 | Business Law |
By Drew Nelson, Attorney The Davidson County Tax Assessor’s Office is currently performing property revaluation in 2021. The current schedule in Davidson County for revaluation of property is every six years, with the last one being completed in 2015. This can vary by county with other jurisdictions typically performing revaluations every four to eight years. Notices from the Davidson County Tax Assessor will be mailed out starting in January and will be entitled “Notice of Real Estate Assessed Value”. The Notice will state the assessed value, any deferred value, and the taxable value. It will also give a summary of the legal description used to identify your property as well as the Parcel Identification number used by the county. Currently, the base tax rate for Davidson County is 0.5400 per $100 value. This does not include tax rates for the city or any other assessments for local authorities. The Notice of Real Estate Assessed Value permits for the filing of an informal appeal if you disagree with the value of your property, whether it be appraised at more than the fair market value or less than the fair market value. However, the appeal must be timely filed – within 30 days of receipt of the Notice. An informal appeal process is started by completing the appeal form at the bottom of the Notice and returning it to the Davidson County Tax Assessor. You must state the reason of your appeal on the form. You may not appeal the value based on (1) the percentage increase over the previous value, (2) your personal opinion of the value, (3) your financial...
