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DRIVING WHILE IMPAIRED – Defining “Driving”

As always, we begin our analysis by reviewing the relevant law, N.C.G.S. 20-138.1: “A person commits the offense of Impaired Driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state: While under

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DRUGGED DRIVING IN NORTH CAROLINA

Drugged Driving – or Drug DWI – is a form of “Impaired Driving,” under N.C.G.S. 20-138.1. This is the same law that the State uses to convict drunk drivers. In other words, the same law governs drunk driving and drugged driving. But, operating under the influence of drugs, and operating under the influence of alcohol, are two very different things.

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Business Card for Attorney Derek R. Fletcher
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Serious cases require serious representation.
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REPRESENTATION

Personalized, client-focused, legal services ∙ aggressive criminal defense ∙ civil rights advocate ∙ assisting homeowners suffering from storm-damaged property ∙ driving privilege reinstatement
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FLETCHER LEGAL IS A CHARLOTTE-BASED LAW PRACTICE DEDICATED TO HELPING OUR CLIENTS NAVIGATE BOTH THE JUDICIAL PROCESS, AND LIFE’S MOST DIFFICULT MOMENTS. We constantly push the limits of what’s possible when it comes to integrating technology into solo practice with the goal of reducing client fees and expanding access to law. We believe in treating people the way we want to be treated.

WE FIRMLY BELIEVE THAT RESULTS SPEAK FOR THEMSELVES, BUT RESULTS AREN’T EVERYTHING. We believe that relationships are key, and we only accept clients that we feel we can have a successful partnership with to reach the best results. We believe that legal emergencies rarely occur during business hours, and that it is essential for clients to have Attorney Fletcher’s personal cell phone number.

WE ACCEPT CLIENTS, NOT CASES, AND WE GO WHERE WE ARE NEEDED, ACROSS ALL 100 NORTH CAROLINA COUNTIES. We stick to what we’re good at, continually pushing the envelope and streamlining process steps. We always set our clients up for the best possible outcome.

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IT ALWAYS HAPPENS AT THE WORST POSSIBLE TIMES: whether you’ve been wrongfully accused of a crime, been the victim of an illegal search or seizure, or admittedly made a drastic mistake – serious enough to involve the law – having an experienced professional in your corner is a priceless asset.
IT’S ALMOST IMPOSSIBLE TO MOUNT A SOLID DEFENSE ALONE. You’ve got enough on your plate: having to tell your family, protect your career, your children, your home, your savings, your freedom, and everything you’ve worked for in life. Don’t try and do this alone!
YOU NEED AN EXPERIENCED PROFESSIONAL TO FIGHT FOR YOU, to protect your reputation, to make sure both sides of the story are heard, and to conduct an independent investigation on your behalf, rather than simply accepting whatever the State’s investigators claim is true.
ALTHOUGH IT SEEMS LIKE THE ENTIRE WORLD IS OUT TO GET YOU, YOU CAN COUNT ON THE TEAM AT FLETCHER LEGAL to watch your back, and protect what’s important to you. We’ve represented countless Carolinian’s who’ve found themselves in the exact same predicament. We’ve asked of them the same thing we will ask of you: turn this problem over to us; let us take it from here. I’m asking you to place your trust in myself and Fletcher Legal, and I promise you that I will never have to ask for it again. Don’t go it alone; don’t bargain shop when your freedom is on the line – call an experienced professional who can get the job done right. The quicker you act in a criminal case, the better the outcome you can generally obtain.
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With more than a decade of experience defending criminal allegations all across North Carolina, Fletcher Legal is the serious, aggressive, and trusted defense counsel that you can depend on. What sets us apart is our personalized service: we’re selective about the clients we choose to work with, but all active clients receive Attorney Fletcher’s personal cell phone number, for legal emergencies.

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Driving While Impaired (DWI) is a serious crime that carries mandatory license revocation, and (in the presence of 1 or more grossly aggravating factors) mandatory jail time. At Fletcher Legal, we are frequently able to help clients get their driver license back up until the court date which ultimately resolves the charge. We line our clients up for success: meaning that we are oftentimes able to help clients obtain limited driving privileges, allowing them to get to-and-from work and school. Don’t wait another day – call Fletcher Legal now for your free case analysis.

Did you know that simply paying off a speeding ticket by mail, while your license is suspended, will trigger an automatic one-year driver license suspension? It’s called a “moving violation during a period of suspension,” and it happens to people across North Carolina every single day. At Fletcher Legal, we address the underlying causes of license suspension, then get you back on the road, legally driving again. Call today for a free* case evaluation: we’ll pull your driving record and diagnose the root cause(s) of license suspension.

*Only pay the cost of obtaining a copy of your driving record.

Every year, catastrophic storms roll across North Carolina’s piedmont region, causing millions of dollars worth of property damage. The most obvious damage tends to affect roofs, gutters, and downspouts. Insurers are typically reluctant to satisfy their contractual obligations by replacing or repairing storm-damaged property. At Fletcher Legal, we deal with the insurance companies so you don’t have to. Our team of industry professionals assess the damage, files the claim, and meets with the adjuster, usually with no out-of-pocket expense to homeowners!

Just because you’ve been convicted of a felony doesn’t mean you’ll never legally own a gun again! Although most “Citizenship Rights,” such as the right to vote, are automatically restored upon sentence completion, North Carolina law requires a convicted felon to petition for firearm rights reinstatement in order to legally own, purchase, or possess a firearm. Call Fletcher Legal for a free discussion about petitioning for firearm rights reinstatement today!

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THE CRIMINAL JUSTICE SYSTEM RARELY SHOWS MERCY TOWARDS THOSE CHARGED WITH IMPAIRED DRIVING. Whether you’ve been accused of Drunk Driving, Drugged Driving, Boating While Impaired, Driving after consuming < 21, or even Driving after consuming lawfully prescribed medication, the consequences are all equally serious. The State will attack you with every tool in their arsenal. If you are found guilty, or plead guilty to Impaired Driving, you’re facing serious, and long-lasting consequences, including:
  • Having a permanent criminal record;

  • Professional License Revocation or Suspension;

  • Expensive Fines;

  • House Arrest;

  • Unsupervised Probation;

  • Ankle Monitor;

  • Community Service.
  • Driver License Suspension or Revocation;

  • Jail or Prison Sentence;

  • Supervised Probation;

  • Continuous Alcohol Monitoring (CAM) Bracelet;

  • Court Costs;

  • Mandatory Substance Abuse Treatment.
IMPAIRED DRIVING CHARGES ARE EXTREMELY TECHNICAL, PERHAPS MORE SO THAN MURDER. Driving While Impaired [DWI] (also called Driving Under the Influence [DUI], Drugged Driving [Drug DWI] or simply “Impaired Driving”) are perhaps the most technical crimes in the entire State Code. And beating a DWI charge, contrary to popular belief, has nothing to do with how much you blew, what the cops found in your car, or or whether you were driving on a suspended or valid license. These cases, more so than any other, depend entirely on the most minute of details only a trained professional would possibly recognize.
STALE CASES BECOME HARDER TO DEFEND WITH EVERY PASSING DAY. It’s absolutely critical that you move fast, because over time, your defense becomes increasingly more difficult. Over time, evidence disappears, witnesses move across the country, and video surveillance tapes are deleted to clear hard drive space. As a general rule, the quicker you act, the better odds you have of securing a great outcome.
WE ALWAYS SET OUR CLIENTS UP FOR SUCCESS. Even when it looks like the cards are all stacked against you, we’re frequently able to help our first-time clients obtain Limited Driving Priviliges so that they can drive to school and to work. No matter how bad it looks, with enough time on our side, we’re almost always able to position our clients into the very best of light when they one day appear before a judge. And although every case is factually different, we consistently aim for the best scenario under any given set of facts.
HOW MUCH IS YOUR FUTURE WORTH? Never bargain shop when it comes to your future, your family, or your livelihood! When looking for a DWI attorney, you should have only one hiring criteria on your mind: who can get the job done. And although I would never tell you who to hire or not hire, if you’re able to persuade an attorney to lower his fee for you – who else do you think can persuade that same attorney? How well do you believe they’ll fight for you?
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DRIVER’S LICENSE SUSPENSIONS AND REVOCATIONS CAN QUICKLY BECOME OVERWHELMING AND CONFUSING. It’s not uncommon for experienced traffic attorneys to call DMV and ask a Hearing Officer to help them make sense of a convoluted driving record. Moving-violation convictions during periods of suspension frequently drag people into a seemingly never ending downward spiral – compounded by additional convictions for driving without a license, it seems like you may never legally drive again. There is a way out; We provide a clear path towards License Reinstatement.
IF YOUR NORTH CAROLINA DRIVER’S LICENSE IS SUSPENDED OR REVOKED, THE TEAM AT FLETCHER LEGAL CAN HELP. Whether you missed a court appearance, or forgot to pay a fine, the first step is finding a professional who knows what they’re doing. The first step we take, after collecting your birthdate, License Number, and Social, is to pull a copy of your driving record and determine the exact cause(s) of suspension. Oftentimes, we are able to advise exactly what has to be done to get you driving legally simply by reviewing your driving record. In other cases, we have to conduct a minor investigation to gather more information, such as the total amount of fees owed, or the nature of any outstanding charges resulting from missed court appearances.
WE OFFER CUSTOM-TAILORED SOLUTIONS TOWARDS REINSTATEMENT. In either case, you only pay for the time it takes to conduct our initial investigation, and get you a custom-tailored solution. Once we present you with a path toward reinstatement, we follow a meticulous, tried-and-true formula for resolving traffic infractions without incurring any additional suspensions, unwanted DMV Points, or expensive Insurance Points. And for persons requiring DMV Hearings, we prepare a plan of attack that puts our best arguments forward, and casts clients in the best possible light.

Stop looking over your shoulder every time you get behind the wheel, and call Fletcher Legal today.

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WE DEAL WITH THE INSURANCE COMPANIES, SO OUR CLIENTS DON’T HAVE TO. All too often, North Carolina homeowners face one hurdle after another following the frequent catastrophic storms known to roll across the Piedmont and central North Carolina. Known to deliver extreme wind gusts and large hailstones, catastrophic storms cause millions of dollars worth of property damage every year in the Lake Norman region alone. The most obvious damage tends to appear on roofs, from missing shingles to dented downspouts. In addition to the unsightliness they cause, they also lower property values and reduce the lifespan of damaged fixtures, appliances, sheds, and garages.
OUR TEAM OF PROFESSIONALS MAKES SURE YOU’RE CLAIMS ARE FAIRLY COMPENSATED. Even though most homeowner’s religiously write the same, on-time premium check every month to their Homeowner’s Insurance, Insurers are usually reluctant to fulfill their contractual obligations and fairly assess or replace damaged homes and roofs.
WE ASSIST HOMEOWNERS REPAIR OR REPLACE STORM-DAMAGED ROOFS WITH NO OUT-OF-POCKET EXPENSES BUT THEIR DEDUCTIBLE. At Fletcher Legal, we deal with Insurance companies so that our clients don’t have to. Working with a team of industry professionals well-skilled in the trade of estimating and appraising storm damage, we are frequently able to assist processing property damage claims that yeild our clients brand new roofs, with no out-of-pocket expenses except for their deductible!
FUNDS ARE HELD IN TRUST TO ENSURE WORK IS PROPERLY COMPLETED BY SUBCONTRACTORS. Because Fletcher Legal holds and distributes Insurance Claim proceeds in trust (similar to an escrow account), there is no fear that some random roofer may run off with an insurance check, or that the job won’t be completed to the Homeowner’s satisfaction. We make certain that every single homeowner we assist is completely satisfied with their new roof, that there aren’t nails and debris lying around after the job, and all work comes with a 2 year warranty! In these cases, the only thing our clients have to worry about is what color shingle they’d like!
CONTACT FLETCHER LEGAL FOR A FREE PROPERTY EVALUATION. If you’ve recently suffered storm damage, or watched as all your neighbors have gotten new roofs and you’d like a free inspection to see whether your property may qualify, please contact our office to book an appointment today.
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CIVIL RIGHTS LAWS ENSURE FREE SOCIETY. Civil Rights refer to personal liberties and freedoms expressly granted under the United States Constitution, Federal Statutes, and North Carolina law. These laws are designed to protect people from tyrannical government over-reach; they ensure our Democracy remains a free and fair society. They define our shared national identity. They serve as an example to the rest of the world. They’re the basis of what it means to be an American.
OUR TEAM HAS SPENT THEIR CAREERS HOLDING LAW ENFORCEMENT ACCOUNTABLE. Attorney Derek R. Fletcher, and the team at Fletcher Legal, have spent their careers in court, holding the police accountable, whenever our client’s civil rights are violated. The civil rights violations we frequently accept include:
  • Censorship of Free Speech;

  • Restrictions on the right to peaceably assemble;

  • Police brutality and misconduct;

  • Unlawful Search and Seizure.
  • Firearm Restoration Rights;

  • Pistol Purchase Denials and Appeals;

  • Concealed Carry Denials and Appeals;

  • Violations of 1st, 2nd, 4th, 5th, 6th, and 14th Amendment Rights.
CIVIL RIGHTS VIOLATIONS RUIN OUR CLIENT’S LIVES. This isn’t dramatic hyperbole – these types of cases have devastating, long lasting, repercussions on their victims. Everything these people once believed about their society, about right and wrong, about the people they believed were charged with protecting them, changes in an instant. These heroes are forced to fight for the rights that the rest of us take for granted. Their braveries in directly challenging powerful, large organizations remind us of the things in life truly worth fighting for.
ATTORNEY FLETCHER HAS GAINED NATIONAL MEDIA ATTENTION IN THE FIELD OF CIVIL RIGHTS WORK. We don’t do this for the money – we help these people because it’s the right thing to do. Attorney Derek R. Fletcher has gained national media attention for his work protecting the rights of protestors during the 2012 Democratic National Convention in Charlotte. He has represented protestors, environmentalists, activists, artists, and people wrongly placed on terrorist watch-lists. He has represented people with whom his political opinions align, and those with whom he vheminently disagrees. Attorney Fletcher, and the team at Fletcher Legal, protect Civil Rights because it’s our way of giving back to the society that has given us so much.
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Although we travel across the entire State of North Carolina – to each and every District and Superior Court – we are based in Charlotte. You could say that our home base consists of the following:

Serving: Mecklenburg, Union, Gaston, Cabarrus, Iredell, Rowan, Cleveland, Lincoln, Stanly, Davidson, Catawba, and Anson Counties, as well as Charlotte, Huntersville, Cornelius, Davidson, Lake Norman, Mooresville, Troutman, Statesville, Matthews, Mint Hill, Harrisburg, Weddington, Waxhaw, Indian Trail, Monroe, Wadesboro, Wingate, Polkton, Concord, Kannapolis, China Grove, Salisbury, Lexington, Thomasville, High Point, Denver, Lincolnton, Newton, Conover, Hickory, Belmont, Lowell, Mt. Holly, Lowesville, Gastonia, Dallas, Bessemer City, Kings Mountain, Shelby, Pineville, Midland, Locust, Albemarle, Rockingham, Asheville, Winston-Salem, Greensboro, Raleigh, and Wilmington.

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SERIOUS CASES REQUIRE SERIOUS REPRESENTATION. If you or someone you know has questions restoring their firearm rights, or to begin the process of restoring your gun rights now, call FLETCHER LEGAL at 704-747-7262, shoot that number a text, step into our virtual lobby for a video call, or book an appointment now for your free case evaluation. Fletcher Legal has helped clients restore North Carolina firearm rights, appeal from pistol purchase denials, and challenge concealed carry decisions. We conduct independent investigations in every case we take, which reduces denials, and ensures a smooth hearing.
VIRTUAL SERVICES REDUCE CLIENT EXPENSES. Schedule an appointment today to speak with Attorney Fletcher, either by video call, text message, or phone call. We offer flexible payment arrangements, independent investigations, and 24 x 7 emergency services. Book an appointment online now to begin building your defense.
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