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Criminal Litigation
DWI (Driving While Impaired)
DWLR (Driving While License Revoked)
Drug Possession/Trafficking
Civil Litigation
Medical/Professional Malpractice
Civil Rights Law, 42 U.S.C. 1983
Americans with Disabilities Act
Tractor Trailer/18 Wheeler Accidents
Breach of Contract/Business Litigation
Non-Litigation Practice Areas
Domestic Law: Divorce, Child Support, Child
Custody, Equitable Distribution, Separation
Agreements, Prenuptial Agreements
Wills & Estates
Commercial and Residential Real-Estate>
Commercial and Residential Real-Estate
DWI (Driving While Impaired)
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At the Wells Law Firm we realize that being charged with Driving
While Impaired (DWI) is a traumatic event, but we also know that
a DWI arrest does not necessarily mean a DWI conviction. The
biggest mistake most people make in DWI cases is not hiring an
attorney.
Our firm will give you a Free Analysis of your case in which we
will explore all available defenses.
Look through our website to learn more about what to do after you
have been charged with Driving While Impaired.
Learn about Limited Driving Privileges
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To be eligible for limited driving privileges you must
have had a valid Driver's License at the time of your
Driving While Impaired Charge. Additionally, you will
need to complete the following four tasks before our
office can assist you in obtaining your driving privilege.
1. ALCOHOL ASSESSMENT: You are required by
law to get an “Alcohol Assessment” performed by a
licensed agency before you can get driving privileges.
The fee is set by NC Law and is currently $100.00.
This assessment is simply an interview in which a
trained counselor asks you questions about your
drinking habits. It generally lasts about 45 minutes.
The counselor will make a written recommendation to
the Court as to what type of alcohol treatment, if any,
you will be required to have. This can range from
mandatory AA meetings, Alcohol Drug Education
Traffic School (ADETS), or a 28-day treatment
program. While there are many agencies which can
perform these assessments, our firm has a good
working relationship with First Step Services, LLC,
which has several offices throughout the Triangle; call
them at 919-833-8899 to find a location that best fits
your needs.
2. LETTER FROM EMPLOYER: This letter is only
to substantiate the hours that you work after 5pm or on
Weekends as these are the non-standard hours which
take special court approval. It does not need to include
any references or tell about your job performance. It is
important that the letter be on some form of Company
Letterhead, and that it include ALL hours that you MAY
work, not just your regular hours. If you work a swing
shift one week and other shifts on other weeks, the
letter needs to specify those hours. The more hours in
the letter, the more hours the court may approve.
3. DL-123: This is a form you get from your insurance
agent to show you have valid insurance. You must
have this form, as a copy of your binder or policy will
NOT satisfy the Court.
4. PAY $100.00 CIVIL REVOCATION FEE: to the
Clerk of Court at the courthouse 30 days after the arrest
to get your license back.
Possible Defenses
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Our staff works hard so that if you are convicted, best efforts will
be made to ensure that you receive the lowest possible sentence
with the broadest possible driving privilege. Consider the
following defenses that may be available in your case:
Were you properly advised of your Miranda rights?
If the officer gave you a breath-test on a portable “alco-sensor” there are very specific rules he must follow, such as
waiting five minutes between tests. If he failed to do this
then your arrest may be invalid.
Did the officer have a “reasonable articulable”
suspicion to stop your vehicle?
You can’t legally be stopped on a hunch or on mere
suspicion. If you were not stopped for a legally valid reason
your case may be dismissed.
Once stopped, did the officer have probable cause to
place you under arrest?
If you passed the field sobriety tests (finger to nose, walk the
line, etc.) or if the officer didn’t have you perform the tests
until you got down to the station you could have a winning
case.
Can the state show appreciable impairment?
Mere intoxication is not enough. If you refused the Intoxilyzer test, specific rules govern the outcome of your
case.
Can the state prove that you were the driver?
This is particularly important in accident cases
Can the state prove you were “operating a motor
vehicle”?
This is not as easy for the State to prove as you may have
been led to believe.
After your arrest were you allowed to post bond
within a reasonable amount of time or released to a
sober adult?
Note: cases have been dismissed on these grounds alone.
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Personal Injury
Traffic Accident
Has you or your property been injured because of an
act of another person? If so, the Wells Law Firm will
fight the insurance company or corporation responsible
for paying your damages so you don't have to!
When you have been in an automobile accident that
was not your fault there are certain rights to which you
are entitled. Insurance companies will use tactics that
are designed to impede on your rights.
This is one of
the many reasons your need to hire an attorney:
Insurance companies do not pay accident victims
because it is morally responsible. Instead, insurance
companies try pay as little money as possible to buy
your release. The release is a contract which
contains the victim's legally binding promise not to
sue.
Unfortunately, insurance companies know that
most private citizens are not able to conduct a jury
trial without an attorney. They also know that
most accident victims have no idea what their
injuries and suffering are really worth. Thus,
insurance companies ALWAYS try to settle claims
and buy releases from unrepresented victims at a
huge discount.
A competent, aggressive attorney puts teeth in
your threat of filing a lawsuit. The adjuster knows
that we do know how to take a case to trial.
Simply put, we control the leverage that forces the
insurance adjusters to pay full, fair value in every
case.
We also control all communication with the
insurance company. We handle all of your record
keeping and leg work and focus the adjusters
attention solely on the strengths and merits of your
case.
The bottom line: the insurance adjuster works for
the insurance company, we work for you.
The Wells Law Firm will aggressively pursue all
available avenues of compensation in your case to
make sure that you are redressed for the harm you
have suffered.
Sources of Compensation in Your Case:
The Other Driver’s Insurance
Pays for your property damage.
The responsible insurance company will pay for the
repairs to your vehicle and provide you with a
rental car for the time that you are without a car
UNLESS your car is a total loss. A total loss
occurs when your car is not repairable OR when
the cost of repairs exceed 60-70% of the fair
market value of your car. Even if you owe the
bank more than the car is worth, the law only
requires that the insurance company pay you the
amount that the vehicle is worth. We can help with
the damage to your vehicle.
Pays for your bodily injuries.
After you have completed all medical treatment,
the insurance company will usually attempt to
settle your case in one lump sum.
You are entitled to recover for:
Permanent Physical Injury
If the driver who caused the accident was impaired
due to drugs or alcohol, or was charged with
careless and reckless driving, you are likely
entitled to recover punitive damages in addition to
the usual compensatory damages.
Your Health Insurance
You should use your health insurance to pay your
medical bills. Unpaid medical bills can adversely
impact your credit rating. If you fail to use your
health insurance, your unpaid bills will have to be
paid out of your settlement.
Your Automobile Insurance
Medical Payments Coverage
Pays you the amount of your medical bills up to the
pre-selected coverage amount. This coverage may
be used even if you use your health insurance.
Uninsured/Underinsured Coverage
With this option, if the other driver does not have
sufficient insurance to cover all the injuries caused
by the accident, your insurance steps into
compensate for your injury.
You've Been Injured, Why Hire an Attorney?
Insurance companies do not pay accident victims
because it is morally responsible. Instead, insurance
companies try pay as little money as possible to buy
your release. The release is a contract which
contains the victim’s legally binding promise not to
sue.
Unfortunately, insurance companies know that
most private citizens are not able to conduct a jury
trial without an attorney. They also know that
most accident victims have no idea what their
injuries and suffering are really worth. Thus,
insurance companies ALWAYS try to settle claims
and buy releases from unrepresented victims at a
huge discount.
A competent, aggressive attorney puts teeth in
your threat of filing a lawsuit. The adjuster knows
that we do know how to take a case to trial.
Simply put, we control the leverage that forces the
insurance adjusters to pay full, fair value in every
case.
We also control all communication with the
insurance company. We handle all of your record
keeping and leg work and focus the adjusters
attention solely on the strengths and merits of your
case.
The bottom line: the insurance adjuster works for
the insurance company, we work for you.
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Admiralty Law
Maritime Law
As anyone who is familiar with the maritime industry
understands that working on a vessel at sea can be
dangerous. Unfortunately, thousands of maritime
workers are injured each year while performing their
jobs – many losing their lives. These workers and their
families are left unable to earn a living or pay their
bills. Under United States maritime law, workers and
their families have a right to financial compensation if
an injury or death occurred while working.
Maritime injury claims fall under a very complex area
of United States law. Depending how a worker is
classified often determines the amount of financial
recovery. Consequently, reason it is fundamental that
filing any claim or agreeing to any settlement to retain
the services of an attorney. Additionally, there are
short filing deadlines under maritime law, so time is of
the essence.
Longshore and Harbor Workers' Compensation Act or "Jones Act"
The Longshore and Harbor Workers' Compensation Act
or LHWCA provides workers’ compensation benefits
for maritime workers who do not meet the definition of
seamen under the Jones Act. Longshore and Harbor
Workers’ Compensation Act benefits are similar to
those of state workers’ compensation benefits and do
not require the employer to be at fault. Benefits under
the Longshore and Harbor Workers Compensation Act
include disability payments and rehabilitation
services. The Act also provides benefits to survivors
when a maritime worker dies from work-related
injuries.
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