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Katy Chavez, Attorney

Katy Chavez, AttorneyKaty Chavez, AttorneyKaty Chavez, Attorney

919-838-1600

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Katy Chavez, Attorney

Katy Chavez, AttorneyKaty Chavez, AttorneyKaty Chavez, Attorney

919-838-1600

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Traffic & dwi Attorney

Traffic Tickets

  I  can handle your traffic tickets received in Wake County.  I can appear  on your minor infraction such as failing to stop at a red light or most  speeding tickets for $150, and you won't need to come to court.  I can  help protect your insurance rates.  If you mail in your ticket with the  payment, you are pleading guilty, and your insurance will definitely go  up.  The minimum increase in insurance premium would be a 25% each year  for three years.  If I handle your ticket, you will only pay $190 costs  of court and $150 for my fee, and possibly save hundreds of dollars.   Plus you won't need to appear.  You should know that a speeding ticket  for at least 15 mph over the speed limit would cause a license  revocation if not negotiated down.  If you are curious about exactly how  your ticket would affect your insurance- call me for a free  consultation.
 

If  you have a speeding ticket, then I can get the speed reduced.  In Wake  County we can now get the charge reduced to a non-moving violation of  Improper Equipment.  This means no points for your insurance or your  license ever for that charge.   If you already don't qualify for  Improper Equipment, I may ask for a "PJC".  If you got your ticket as a  result of an accident, for example for going through a red light, then I  can get a letter from your insurance company that shows that the  damages have been paid, and you will not need to pay the ticket (it can  be dismissed).  If you got a ticket for not having a drivers license, I  can ask that the ticket be dismissed if you get your license before the  court date. 
 

If  you made the mistake of not hiring an attorney on a prior ticket, and  your insurance has now gone up, I may still be able to help you.  We can  file a motion to reopen the case and ask for a reduction, and then your  insurance rates should go down again. 

DWLR

Driving  While License Revoked can be a very serious charge in North Carolina.   In the past it could have carried a sentence of one year in prison.   Today you can still receive 4 months of jail if you have a bad record.   But often there are many things we can do to help the situation.  This  charge is probably one of the traffic charges where it is most important  to hire an attorney, or at least consult with one.  This is because the  rules are very complicated and nobody within the system can give you  much advice about how to start making the situation better.  Some people  have a simple case- they are revoked because they never paid an old  traffic ticket.  All they need to do is pay the old ticket and they can  get their license back.  But that will not be sufficient to dismiss the  charge.  Further, a guilty verdict on any type of moving violation  committed while revoked will cause a new revocation.  The third time  this happens the revocation will be permanent.  Some cases are more  complicated because people have tried to take care of the matter without  an attorney, and have already caused new revocations.  Often people  spend far more money trying to fix their record on their own than they  would spend if they hired me to help.  The FTA fee on old charges is  $200 for EACH charge, in addition to court costs and fines.  This means  resolving a few old charges can add up to a thousand dollars or more.  I  can often resolve all of the cases for less.

DWI

I  can handle your charge of DWI.  I will order reports of the officers  notes, the notes of the chemical analyst that performed the breath test,  I will interview the officer, and develop a trial strategy.  Many times  it is possible to fight the charge on legal grounds.  For example,  perhaps the police officer did not have sufficient cause to stop you in  the first place, or he did not gather enough evidence before arresting  you. 

Getting a Driver's License

Sometimes  there are problems getting a license in the first place.  Perhaps you  are having difficulty satisfying the new ID requirements, or maybe you  have a ticket you haven't taken care of, or maybe you have dropped out  of high school.  I can help you resolve these problems and get you on  track to getting a drivers license.  One important thing to understand  is that you cannot get a valid ID or driver's license anywhere else  besides the Division of Motor Vehicles.  If a store sold you an ID, you  should never try to present it to a police officer, no matter how much  you paid, and no matter how much ID you needed to show in order to get  it.  It is not valid, and it can get you arrested if you try to use it.  

FAQ DWLR

1. Q.Can I get a limited driving privilege if my license is revoked?
A. Maybe.  There are limited privileges available for some types of  revocations. However, it may also be possible to take care of the  outstanding charges, or re-open old charges, or ask for a special  hearing with the Department of Motor Vehicles to get your license back.
 

2. Q. If I pay all my old tickets, will I be able to get my license back?
A.  Probably not.  Often paying old tickets causes more problems than it  solves.  If any of those tickets were received while you were revoked  for even older tickets, than you will cause new revocations that may  last a long time.  It is important to ask an attorney what will happen  if you pay old tickets.
 

3. Q.  If I never had a license, how can I be charged with "Driving While License Revoked"?
A.  Not getting a license is not a way of avoiding a revocation of your  driving privilege.  Driving While Revoked is a much more serious crime  than driving without a license.  A person who has never had a license  that drives can be charged with No Operators License, which carries  points and fine, but no jail time or license revocation.  However if  someone without a license gets a ticket, and they do not take care of  it, they will become revoked, and if they drive while they are revoked  they can go to jail and be subject to further revocation.
 

4. Q.  If I was revoked for DWI more than a year ago, why is my license still revoked? 
A.  Many people fail to complete the required alcohol treatment before  12 months after their conviction.  When this happens the license will  remain revoked until the treatment is completed. There is no Limited  Driving Privilege for this revocation, even if you had one for the first  12 months.  It can also take 2 months or more after completing  treatment before it is processed by the Department of Motor Vehicles.
 

5. Q. What happens at a hearing to request early restoration of my license?
A. After serving part of your revocation you may ask for a hearing with  the Department of Motor Vehicles.  A hearing officer will ask you  questions to determine if she will agree to restore your license early.   You will be sworn in, and you will be asked questions to determine if  she believes that you have not been driving while you were revoked.  You  may also have witnesses.  If you have prior charges of Driving While  Impaired, you will have to convince the hearing officer that you will  never drive after drinking again. 

FAQ DWI

1. Q. What is the punishment for Driving While Impaired?
A. There are five levels of punishment, but  unless you have a prior  conviction, had a child in the car, or were involved in an accident,  then you will likely be given Level Three, Four, or Five.  Those levels  of punishment involve a fine, a license revocation, and the requirement  of completing recommended alcohol treatment.  There will also be a  suspended jail sentence. That means that you don't have to go to jail,  but if you commit another crime in the following 12 months, then your  sentence might be activated and you can go to jail for 60 to 120 days.
 

If  you had a child in the car, or there was a serious accident, or you  have a prior conviction for Driving While Impaired than you will be  sentenced as a Level One or Level Two.  Both of these levels have  mandatory active jail sentences.  This means you  WILL need to go to  jail or to an inpatient alcohol treatment program.  The judge can send  you to prison for up to two years depending on the circumstance.
 

In  addition to the punishment of the court there are other important  consequences.  For most people the most important consequence is that  your insurance *will* go up by 400% or more.  This means a premium of  nearly $2,000. per year or more.  Also, it is a criminal conviction  which can affect employment, applications for housing, or immigration  benefits.  Further, a conviction for Driving While Impaired will  drastically affect the consequences of being stopped for Driving While  Impaired in the future.  If you have a conviction, and you are stopped  by an officer for Driving While Impaired while you are still revoked,  the police will take your car from you, and you WILL go to jail if you  are convicted.
 

2. Q What can I do to lessen my sentence?
There are several factors that are considered to determine your  sentence, but the only one you can really affect AFTER the date of the  offense is to go to an alcohol treatment facility and get an  evaluation.  Other factors considered are whether or not there was an  accident, whether the alcohol reading was high or low, whether you have a  good or poor driving record, and whether or not your driving was  unsafe.
 

3. Q. What do I do to get a Limited Driving Privilege?
If you had a valid license at the time of the offense you may be able to  get a limited privilege 10 days after the offense as well as after any  conviction.  You will need to have completed your alcohol assessment and  be currently insured.  If you need to drive for your job beyond the  hours of 6am to 8pm, Monday-Friday, you will need a letter from your  employer.
 

4.  Q. Do I have to get an alcohol evaluation before going to court?
You don't have to, but if you do then you may lower your punishment  level, and you may avoid supervised probation.  You will need to do one  if you are found guilty, and it is definitely worth doing it beforehand.
 

5. Q. Do I have to begin my treatment before going to court?
Beginning your treatment is not necessary before disposing of the case.   Also, you may be found not guilty, in which case you will not need to  complete the classes.
 

6. Q. Are all alcohol schools the same?
No.  The cost for the evaluation is $100., and the criteria and  curriculum are regulated by the state.  But schools may charge different  rates as they choose for their classes.  You may want to shop around.
 

7.  Q. If it is true that I was drinking and driving, is there any point to fighting the charge?
Yes.  There are many reasons that you can still win the case.  For  example, it is possible that we can show the court that it should not  use the result of the Intoxylizer machine.  It may be possible that the  officer did not have the right to stop you in the first place.  It is  possible that even though you had been drinking, you still were not  impaired to drive.  If you want to discuss your case with me, please email me, and we can go over some issues that you might have. 

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Disclaimer

  The information contained in this site is not, nor is it intended to be, legal advice. Please feel free to contact me directly regarding the facts of your particular case. 

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Katy Chavez, Attorney

1201 Aversboro Rd Suite G-100 Garner, NC 27529 (Entrance on Lakeside Dr)

(919) 838-1600

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