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Wiley Nickel
North Carolina Criminal Defense Attorney - Raleigh DWI Lawyer
North Carolina Criminal Defense Attorney - Raleigh DWI Lawyer


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Improper Equipment Speeding Ticket Lawyer in Raleigh

Improper Equipment in NC is a lesser-included offense to a traffic ticket in Wake County and Chatham County, North Carolina.

Improper Equipment is a non-moving violation in North Carolina which means no insurance or insurance points will be assessed if you have your speeding ticket reduced down to improper equipment. It is often in the discretion of the district attorney to allow a ticket to be reduced to Improper Equipment in Wake County, North Carolina.

A prosecutor may allow a reduction to Improper Equipment for speeding tickets as certain conditions are met. Often the Assistant District Attorney will examine the driving history and facts of the case before offering a reduction to a traffic ticket. Improper equipment reductions vary county by county and are subject to the approval of the District Attorney.

An experienced traffic ticket attorney may be helpful in dealing with getting you the best deal possible. They can also likely appear in court on your behalf for most traffic offenses.

The prosecutor has no duty to give everyone the same plea offer because each case varies. An experienced speeding ticket can review your DMV record to make sure your case is handled the right way.

Why are the court costs for improper equipment in NC more than just paying off the speeding ticket traffic violation?

North Carolina assesses a surcharge or fine for improper equipment reductions. The additional surcharge for improper equipment in NC is $50.00. Regardless improper equipment will save you money in the long run even with the additional fine to the State. In Wake County the court costs and fines for improper equipment are usually $263.

Will my insurance increase if I am found responsible of Improper Equipment in NC?

Improper equipment in NC is a non-moving violation and the conviction carries NO insurance traffic points. However, an improper equipment reduction will show up on a North Carolina driving record.

Will an improper equipment in NC show up on my driving record?

Yes it will show up on your North Carolina driving record. In Wake County you will need to provide your official driving record to be considered. Providing these documents is a service we provide for our clients.

If you are charged with speeding in Wake County or Chatham County call the Law Offices of Wiley Nickel, PLLC for a free consultation. Our office is located in Cary, NC and you can reach us at 919-585-1486.
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How Do I Remove a Dismissed Case From My Record in North Carolina?

A big question we often get from clients after getting their case is dismissed is “how will it affect my record?” Will a background check reveal that I was arrested? Will the charges show up when I go to rent property? The short answer is usually yes, the arrest and charges would still appear unless you get an expungement.

Expungement of Dismissed Cases in NC

Expungement is a way to remove convictions or dismissed cases from your record so that future background checks won’t display any arrests or charges. For North Carolina residents, the possibility of pursuing expungement has recently changed in a good way. North Carolina has recently made it much easier to get dismissed cases removed from your record through the expunction process.

Governor Roy Cooper signed a new expungement law, which took effect on December 1, 2017. This new law cuts down the wait time for non-violent misdemeanor and felony convictions. Misdemeanor conviction wait times have been reduced from 15 years to 5. Felony convictions from 15 years to 10. The new law has also lifted the limit of one expungement when the defendant’s charges were dismissed or they were acquitted. Now if the defendants whose charges are dismissed or who were found “not guilty” can apply for as many expungements as they want (assuming no felony convictions or active criminal cases).

Petitioning for an expungement can seem easy but it has a number of steps and involves a good amount of specific clerical work. The petition must be filed in the county where the charges took place. Also, the expungement process is a lengthy one so properly filling out and filing the paperwork is very important as a small mistake could mean your petition gets denied and you have to start again from scratch (having lost tons of time).

If you have a dismissed case or a not guilty verdict on your record contact The Law Offices of Wiley Nickel, PLLC for a free North Carolina expungement consultation. Our office is located in Cary, NC and we handle expungements throughout North Carolina. Our phone number is 919-585-1486. Contact a North Carolina Expungement Lawyer today to discuss your case.
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Can you have a conviction for Breaking and Entering expunged from your criminal record in North Carolina?

If you were convicted of “Breaking & Entering” in North Carolina and you were 18 or older on the date of offense then North Carolina does not allow for an expungement of your conviction.

The expungement statute is § 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation. It lists the specific crimes that are not eligible for an expungement and it rules out convictions for B&E under section (7a) An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

Not allowed for Expungement under 15A-145.5

§ 14-56. Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.

§ 14-54. Breaking or entering buildings generally. (a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.

§ 14-54. Breaking or entering buildings generally. (a1) Any person who breaks or enters any building with intent to terrorize or injure an occupant of the building is guilty of a Class H felony.

If you have a conviction for Breaking & Entering and you were under the age of 18 at the time of offense we may be able to help but would need to do a full evaluation to determine eligibility.

If you have questions about your eligibility for a North Carolina expungement you can call The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. We handle most of the counties in North Carolina for legal expunction work. Many people are eligible for expungements of dismissed charges and findings of “not guilty.” Even if your case is dismissed or you were found not guilty a record remains unless you petition the courts for an expungement.
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The Law Offices of Wiley Nickel, PLLC is proud to welcome Melissa Botiglione to the team!

Melissa was just sworn in yesterday and will be a zealous advocate for her clients.
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Melissa Botiglione joins the The Law Offices of Wiley Nickel, PLLC

The The Law Offices of Wiley Nickel, PLLC is proud to welcome Associate Attorney Melissa Botiglione to the team!

Melissa is originally from Long Island, New York and spent her childhood in Matthews, North Carolina. She graduated from North Carolina State University with Magna Cum Laude in 2015 with a degree in Political Science and minor in Italian Studies. After graduating from NCSU, Melissa went on to attend law school at Campbell University School of Law where she graduated Magna Cum Laude in 2018.

While at Campbell, Melissa focused her studies in criminal law and actively participated in pro bono service. She served on the Pro Bono Council as the Project Coordinator for the Re-entry project working with legal aid to provide expungement advice and assistance with Legal Aid clients. She also served as President of the Campbell Law Innocence Project, a member of the Death Row Visitation Project, and a member of the Campbell Public Interest Law Student Association. She also participated in the Restorative Justice Clinic, facilitating meetings with juveniles to address the needs of each party to prevent the potentially harmful effects of the criminal justice system. In 2018, Melissa was awarded the Campbell Law School Pro Bono Publico Award for her commitment to pro bono activities by providing nearly 800 hours of pro bono services during her three years at Campbell.

During law school, she interned at numerous different state agencies including the Wake County Public Defender’s Office, The Federal Public Defender for the Eastern District of North Carolina, The North Carolina State Bureau of Investigation and the Wake County District Attorney’s Office. During her internships, Melissa gained valuable District Court experience and knowledge of courtroom procedures.

During her spare time, Melissa enjoys cooking, NC State football and DIY projects. As a new attorney, she hopes to be a zealous advocate for her clients.
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