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Looking for a good lawyer in the OBX

Looking for a good lawyer in the OBX




Our family was down last week for a family vacation and it turned out not to be a great trip. My daughters decided they wanted to go to the Aquarium and take the kids for a fun filled day. My one grandson got sick...so, his parents took him to urgent care. And my other daughter continued on to come back to our rental house. She has never been to the OBX...so, she had no idea how to get back to the house. She made the mistake of trying to get directions on her GPS while still driving. She was pulled over by a police officer because she ran over the white line. He thought she was drunk. He had her do a sobriety test....which, she passed. She doesn't drink. And then 3 other police officers came. The Officers asked her to do a breathalyzer test. The one officer said she did not have to agree to it if she didn't want to. But, she said she had no problem doing it.....and, she passed that. Then he said she was slurring her words.... I have no idea what that was about. The officer told her to stay where she was and went back to talk to her children. There ages are 9,7, and two 5 year old twins. He proceeded to ask if they were comfortable riding with their mother. And that he could arrest their mom and call someone to pick them up. Needless to say....they were so upset and scared. When they finally got back to our rental they were still crying. He charged her with reckless driving. And she has to appear in June with a lawyer. So, her and the kids need to come back down from PA in June....for the court date. Need to know of a good lawyer in the area. Guess our 2nd trip to the OBX this year will have to be cancelled ...due to money going here instead of enjoying a family vacation.


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RE: Looking for a good lawyer in the OBX




That sounds like such a horrible experience! I could see maybe a ticket for using a divice while driving but that would be it. I agree with law enforcement most of the time but some take it to the next level when there is no need for it. Some are just on poer trips. Sorry I do not know any good lawyers but please keep us updated.


RE: Looking for a good lawyer in the OBX




No recommendations, but my understanding is that when you get a violation, a week or so later you'll be flooded by solicitations in the mail from attorneys hoping to represent you.


RE: Looking for a good lawyer in the OBX




I would think you could get it reduced.

www.nccourts.org


RE: Looking for a good lawyer in the OBX




We used an attorney from Hornthal,Riley, Ellis & Maland a number of years ago to represent us in a contract issue. He was very competent. If they can’t help you they could refer you to someone who will.

It can get expensive.


RE: Looking for a good lawyer in the OBX




Never been "there but there are many, many Attorneys. The one mentioned earlier is big bucks, high profile. Unfortunately there are many little known Driving/Traffic violations people don't realize. Riding on shoulder rumble strips, driving on shoulder approaching a corner turn lane, deliberate exvessive speed driving down center turn lane to enter traffic and on and on and on.


RE: Looking for a good lawyer in the OBX




You will get every lawyers letter in the mail very soon, they come out in droves.

What town was this ?? Or was it a county sheriff?

I would suggest

http://www.whelesslawfirm.com/

www.whelesslawfirm.com/


good attorneys in the OBX




A couple come to mind:

Kris Felthousen
http://www.obxcriminallaw.com/

Matt Spencer
https://www.spencerlawoffice.net/

Jay Wheless
https://www.whelesslawfirm.com/


Good luck!


RE: Looking for a good lawyer in the OBX




You will get every lawyers letter in the mail very soon, they come out in droves.

What town was this ?? Or was it a county sheriff?

I would suggest

http://www.whelesslawfirm.com/

Tim-OBX
This was in Nags Head.


RE: Looking for a good lawyer in the OBX




Kris Felthousen
http://www.obxcriminallaw.com/

Kris has quite a reputation though, I understand, a fairly hefty rate.


RE: Looking for a good lawyer in the OBX




Seems like May is when the cops stop picking on locals and start picking on tourists.

Nearly the same thing happened to me several years ago on 158 (I don’t drink or do drugs either). My “right tires crossed the fog line” so KDHPD pulled me over... He had half the cops east of I-95 there in 5 minutes and began giving me field tests. I asked them several times to just let me take a breathalyzer so we could get it over with but they wanted me to instead do stupid human tricks on the shoulder of the road at 10:30 in the morning.

They eventually let me go after I refused more than once to let them search my car. I’m surprised they didn’t try to push your daughter into a consented search.

I get that DUI is a problem around OBX but if you wondered why most people here seem to drive 5 UNDER the speed limit now you know!


RE: Looking for a good lawyer in the OBX




Kris Felthousen
http://www.obxcriminallaw.com/

Kris has quite a reputation though, I understand, a fairly hefty rate.

sreed843


I think they all charge around a $1000 and the best that usually happens is they reduce the fine and the points stay so your insurance gets the hit. All judges were once lawyers and it seems it is a bit of a good ol boy system at work. I think if you go and make your case without a lawyer you might end up in the same place but with the $1000 still in your pocket. But I have no personal experience.


RE: Looking for a good lawyer in the OBX




I don't know if the requirement to appear is a local or state law for what frequently is a minor infraction, but it is just about the most BS law I have heard of passed by a bunch of lawyers to serve lawyers.
I've never gotten a ticket in the OBX before, but if I did I would tell the court to enjoy the legal revenue, because it would be the last dime they would ever get from me.




RE: Looking for a good lawyer in the OBX




Kris Felthousen
http://www.obxcriminallaw.com/

Kris has quite a reputation though, I understand, a fairly hefty rate.

sreed843


I think they all charge around a $1000 and the best that usually happens is they reduce the fine and the points stay so your insurance gets the hit. All judges were once lawyers and it seems it is a bit of a good ol boy system at work. I think if you go and make your case without a lawyer you might end up in the same place but with the $1000 still in your pocket. But I have no personal experience.

Tim-OBX

The paper the police officer gave her said she had to appear with a lawyer.


RE: Looking for a good lawyer in the OBX




I hope this goes well for your daughter in court. Of course we don't know what the officer actually saw but a charge of reckless driving seems pretty harsh.

I haven't been pulled over since 2001 and that was by a NC State Trooper on 168 for doing 58 in a 55 mph zone. I actually had no idea why he pulled me over until he told me.


RE: Looking for a good lawyer in the OBX




Kris Felthousen
http://www.obxcriminallaw.com/

Kris has quite a reputation though, I understand, a fairly hefty rate.

sreed843


I think they all charge around a $1000 and the best that usually happens is they reduce the fine and the points stay so your insurance gets the hit. All judges were once lawyers and it seems it is a bit of a good ol boy system at work. I think if you go and make your case without a lawyer you might end up in the same place but with the $1000 still in your pocket. But I have no personal experience.

Tim-OBX

The paper the police officer gave her said she had to appear with a lawyer.

vickie
So really the only difference between getting robbed by the law and a lawyer or a thug in the OBX is one of them wears a suit.


RE: Looking for a good lawyer in the OBX




I'm sorry your vacation turned into this. Really, was all of that necessary? Especially bringing the kids into it, that he could arrest their mom? What in the world good did that do? Your daughter wasn't drunk. Period. It's like they pulled her over and had to escalate the situation no matter what. It could have easily just been "Sorry officer, I'm lost and trying to use my GPS" and he could have issued a warning. Seriously. That's all that should have been.

Ugh. I hope it works out as well as it can.


RE: Looking for a good lawyer in the OBX




I don't know if the requirement to appear is a local or state law for what frequently is a minor infraction, but it is just about the most BS law I have heard of passed by a bunch of lawyers to serve lawyers.
I've never gotten a ticket in the OBX before, but if I did I would tell the court to enjoy the legal revenue, because it would be the last dime they would ever get from me.

jefm


Exactly how I'm feeling. We come down 2 or 3 times a year. There is always 20 to 25 of us and we do spend a lot of money. But, there are other places to go and we won't have to drive 7 hours to get there. I don't like him drilling the kids. He asked my daughter where she was coming from and did she stop for lunch and have a couple of drinks. Then he made her stay by the car and asked the kids the same questions. And asked them if they wanted him to call someone to pick them up.....that he could take her to jail. The were so scared. I think he really thought he had a DUI or a drug bust. And it turned out he had a lost mother with 4 kids who went over the white line!


RE: Looking for a good lawyer in the OBX




It may be worth contacting Nags Head government and local news outlets. If a perception develops that local police harass people like this it could put a real dent in tourism. While it is a danger to stare at your phone and drift of the line, it sounds like the response from this officer was wildly out of line. A ticket would have sufficed. One more reason for every citizen to use a dash cam.


RE: Looking for a good lawyer in the OBX




I wouldn't classify this as a minor traffic infraction. In NC, reckless driving is a criminal charge. But with a good local attorney, chances are that it may be reduced to a lesser charge, dismissed, a prayer for judgment, or even nol prossed. Your prior driving record and demeanor can come into play also in the judge's decision.

Not every situation need to be handled with a summons. He could have given you a warning and even escorted you home.

Was the traffic stop video recorded by the officer?


RE: Looking for a good lawyer in the OBX




I wouldn't classify this as a minor traffic infraction. In NC, reckless driving is a criminal charge. But with a good local attorney, chances are that it may be reduced to a lesser charge, dismissed, a prayer for judgment, or even nol prossed. Your prior driving record and demeanor can come into play also in the judge's decision.

Not every situation need to be handled with a summons. He could have given you a warning and even escorted you home.

Was the traffic stop video recorded by the officer?

wayne


Not sure if the traffic stop was recorded by the officer or not. She has nothing on her driving record...not, even a speeding ticket.


RE: Looking for a good lawyer in the OBX




The paper the police officer gave her said she had to appear with a lawyer.

vickie
The reckless driving charge is likely the reason.


RE: Looking for a good lawyer in the OBX




I can almost guarantee you that she was charged with careless & reckless, which is a simple traffic violation, and not "reckless driving" which is a much more serious charge and she would have been arrested for (and certainly not for driving over a lane marker). This is really no big deal and some of the replies on here are pretty ignorant and downright laughable. Yes, the cops down here can be d*cks, but it's a traffic ticket, nothing worth getting worked up over. It's going to cost you about $400-500 for a lawyer and court costs and will almost certainly be reduced to "improper equipment" which carries no insurance points. Also, in the state of NC, you do not have to appear in court in person for a traffic citation, a lawyer can represent you.


RE: Looking for a good lawyer in the OBX




1. Her mailbox is about to get flooded with lawyers.
2. Fight this to the bitter end. If what you say is true, the cop was unprofessional to scare the kids the way he did after giving her a breathalyzer which she passed. The cop should have used common sense and realized she was distracted. Still a ticket, but the cop was a real D*&^ to do what he did in front of the kids. He/She is why so many people have ZERO respect for Cops.
3. I hope you win and this Cop is embarrassed by the Judge and your lawyer.


RE: Looking for a good lawyer in the OBX




Seems like May is when the cops stop picking on locals and start picking on tourists.

Nearly the same thing happened to me several years ago on 158 (I don’t drink or do drugs either). My “right tires crossed the fog line” so KDHPD pulled me over... He had half the cops east of I-95 there in 5 minutes and began giving me field tests. I asked them several times to just let me take a breathalyzer so we could get it over with but they wanted me to instead do stupid human tricks on the shoulder of the road at 10:30 in the morning.

They eventually let me go after I refused more than once to let them search my car. I’m surprised they didn’t try to push your daughter into a consented search.

I get that DUI is a problem around OBX but if you wondered why most people here seem to drive 5 UNDER the speed limit now you know!

CatfishStevens


I suffer from Meniere's Disease which means that most Field Sobriety tests I cannot pass on most days. I had a Cop attempt this and I refused, because I knew if I attempted I would have a Vertigo attack. I told him I have a medical condition that prevents me from ever passing your tests, if you want to I will blow into a Breathalyzer but I outright refuse your test. He kept insisting I take the test and I told him he best just arrest me and take me in, my Doctor and Lawyer would be in touch with him. He finally relented and didn't even make me take the breathalyzer, but that was a joke of a cop. Local cop at that in Pa.