Attorney James Minick
We are dedicated to provided quality legal advice and aggressive representation. We keep our clients informed of developments in their case and pride ourselves on quickly responding to our client's concerns and questions.
States Courts Admitted: Fourth Circuit Court of Appeals, Western District of North Carolina (Federal), State of North Carolina
Law School: Charlotte School of Law
Counties: Buncombe (Asheville, Arden, Black Mountian, Candler, Swannanoa, Weaverville, and Woodfin) Haywood (Canton, Maggie Valley, and Waynesville) Madison (Marshall and Mars Hill)
Practice Areas:
- Criminal Representation
- DWI/DUI Defense
- Drug Crimes
- Traffic Violations
Being charged with a crime can be the low point of your life. Going to jail or court can be terrifying and humiliating. Fortunately, you do not have to face your charge alone. I am commited to zealously protecting your rights and I concentrate my practice in criminal defense.
My goal is to make the court process transparent, so that when we step into the courtroom you know what to expect. Please call me know so we can address your concerns and questions as they relate to your charge.
Fees: Free initial consultation on criminal charges.
Please feel free to call us 24/7 to discuss your case and free evaluation at 828.687.3813. We try to keep an attorney on call at all times.
Asheville DWI Lawyer James Minick | North Carolina DUI Attorney
Do You Need a DUI Lawyer?
Driving while impaired or driving under the influence is one of the most complex areas of criminal law in the State of North Carolina. The volume of DWI/DUI charges has increased drastically in recent years due in large part to increased efforts to train law enforcement officers to identify and investigate impaired drivers. Recent changes in North Carolina law have made it easier to prosecute DWI charges and have imposed harsher penalties for those convicted of a DWI. If you have been charged with DWI, your first step should be to discuss your charges with James Minick.
While we can’t change the fact that you are going to have to face your DWI charge, we can plan together how to handle your situation going forward. With jail time, loss of driving privileges, fines, increased insurance rates, mandatory alcohol treatment, and lost job/school opportunities hanging in the balance, my role as your legal advocate is to leave no stone unturned.
The consequences of a DWI can be long-lasting, so invest in your future now by picking up the phone and calling James Minick.
Assess your legal situation
An experienced DWI Defense lawyer can help you understand what you are up against and the fines you may be required to pay. A DWI lawyer mostly deals with DWI matters and knows the process inside and out – including options that a public defender may not tell you.
Explain the consequences
The consequences of a DWI vary greatly from state to state and a DWI lawyer will be able to explain how those consequences in your state apply to you such as
- harsher punishments for those arrested with BAC limits over .08,
- special laws for underage drivers arrested for DWI,
- possible community service or plea bargaining,
- overlapping jurisdiction of Courts and your state's motor vehicle licensing department to suspend or revoke your license, and
- contingent license programs that allow you to use your vehicle to get to and from work.
Manage the process
Dealing with the motor vehicle department can be frustrating and time consuming. A DWI Lawyer in Asheville can manage the process for you by completing the required forms; making phone calls; scheduling and/or representing you at a Motor Vehicle Department suspension hearing, and making other necessary arrangements.
Represent you in court
An experienced DUI Lawyer knows the ins and outs of the courtroom and may be able to obtain a lesser sentence for you if your situation and state law allows for it.
Don't know if a DUI Lawyer is right for you? Here are some general guidelines:
Definitely hire a DUI Lawyer if you already have several DUI's and receive another; or if your DUI arrest was the result of an accident or if anyone was injured; or if you are a professional driver whose livelihood depends on keeping your license.
Seriously consider hiring a DUI Lawyer if you've been arrested for a second DUI (in the same or another state) or were arrested with a BAC limit over double the legal limit as harsher penalties may apply.
You might want to hire a DUI Lawyer if you don't understand your rights or DUI laws, what you need to do, or the consequences you face. You also might want legal representation if you are in a profession (or plan to be) that requires bonding or in which any criminal conviction might prevent you from getting or keeping a professional license. If you don't know the requirements, then you need expert advice before handling the case yourself.
If you would like a free, no obligation DUI consultation, CALL NOW 828.687.3813 .
Why fight it?
One of the main reasons you should challenge a DUI is because of the serious nature of the penalties. A DUI conviction carries with it the possibility of jail time, steep fines and the loss of driving privileges. With the help of James Minick, all aspects of your DUI charge will be scrutinized so that your rights will be protected. You cannot afford a DUI conviction because:
- you can receive jail time or either Alternative Housing or Intermediate Punishment (House Arrest with an ankle bracelet) at your expense;
- your driver's license can be suspended from thirty (30) days to eighteen (18) months;
- your car insurance rates WILL rise or your coverage may be canceled;
- the average out-of-pocket cost for a DUI conviction is between $1,500 and $5000;
- you may be required to have an Interlock Ignition switch installed in your vehicle at your own expense; and,
- you could lose your job due to any of the above.
The Traditional DWI Stop, What to Expect!
To execute a traditional DWI traffic stop (other than those made at a DWI checkpoint), a police officer must have a reasonable suspicion that you have committed some violation of the Motor Vehicle Code, usually for a moving violation or because your vehicle is not up to code.
From the moment the officer initiates the stop, he or she is observing your actions to determine if you are intoxicated. The officer will be observing and scrutinizing odors coming from the vehicle, your speech, your attitude, clothing, the conduct of passengers as well as other physical evidence to make his initial determination of whether or not to proceed further with his DWI investigation. If ordered out of your vehicle, the officer may employ several field sobriety tests to determine if you are intoxicated. These tests include the walk and turn, the one leg stand and various other counting or alphabet tests. If the officer finds that there is probable cause to believe that you are under the influence, you most likely will be arrested and taken for either a blood or breath test to determine your exact blood alcohol level.
In the event your blood alcohol level exceeds 0.08% or if the office simply believes, based on his observations, that you were incapable of safely operating your vehicle, you will charged with a DUI and most likely multiple other criminal and / or vehicular charges. At this point it is imperative that you immediately contact an attorney. James K. Minick is available 24 hours a day and can be reached at 828.687.3813 or by e-mail at minicklaw@gmail.com. We look forward to resolving your DUI and DWI related charges.