Death Penalty Losing Support?

October 25, 2011 by  
Filed under Criminal Law

Death Penalty Losing Support?

A new Gallup Poll shows that support for using the death penalty in cases of murder is down to 61%.  That is a 3% drop in support from last year.  The poll shows this is the lowest level of support since 1972, the year the Supreme Court voided all existing state death penalty laws in Furman v. Georgia.

Support rose to its highest levels from the mid-1980s through the mid-1990s,  including the all-time high of 80% who favored the death penalty in 1994.  But since that high there has been a marked decline of 19% over the past 17 years, and a 3-point drop from last year’s measure.

Gallup reports “The Oct. 6-9 poll was conducted shortly after the execution of Troy Davis in Georgia, which generated widespread protests and extensive news coverage. This could help explain the slight drop in support for the death penalty this year. However, there have been high-profile executions in the news in previous years without concomitant drops in death penalty support, making it less clear that such events have a direct impact on attitudes.”

The poll also shows that people in the South and Mid-West support the death penalty more than in the rest of the country.

If you have been charged with a crime in North Carolina I urge you to contact Criminal Defense Lawyer Eric Gurney at (919) 930-4027.

Traffic Attorney in Raleigh

October 22, 2011 by  
Filed under Traffic Law

Traffic Attorney in Raleigh

If you got a traffic ticket or DWI in Raleigh, Wake Forest, Garner, Apex, and Cary or anywhere in Wake County you should contact The Gurney Law Firm at (919) 930-4027.  Traffic offenses are the most common charge given by police… But they have serious consequences if they are not handled properly.

A simple wake county speeding ticket can seriously raise your car insurance rate.  A DWI is even worse.  It is important to work with a traffic attorney in Raleigh.  Being found guilty on a traffic offense can cause your insurance to go up between 25% and 400%.

If you have been charged with a traffic offense in WakeCounty I urge you to contact The Gurney Law Firm at (919) 930-4027.  Mr. Gurney is a traffic attorney in Raleigh and is available to talk to you about your case.

Will My Mug Shot be in “The Slammer?”

October 21, 2011 by  
Filed under Criminal Law

If I get arrested will my mug shot be in “The Slammer?”

This is a question I hear a lot as a criminal defense attorney in Raleigh.  I heard it even more in my previous career as a Wake County Magistrate.  I always give the same answer…. “Maybe.”

Unfortunately this answer usually does not satisfy the person asking it.  But it is the right answer.  And it might not seem fair to the  person whose face will be plastered in stores around Raleigh.  “It’s not fair” I remember one arrestee telling me, “I am innocent of the charges I have been arrested for and now this embarrassing picture of me will be all over the place!”

Well, technically the image is public record and is available to the public through different law enforcement agencies.   The Slammer gets it mug shot from the City-County Bureau of Identification who processes all of the arrestees in Wake County.

For those of you who are not familiar with the “Slammer,” let me see if I can explain.  Basically it is a weekly publication filled with mug shots of people that have been arrested and little article on crime.  It is available in Arizona, Arkansas, Florida, North Carolina (Raleigh / Triangle Area and Mecklenburg Co.), Ohio, Kansas and Texas.  A new issue comes out every Friday and is sold in convince stores in the stated markets.

Around Raleigh you can find The Slammer at most gas stations and convince stores.  Many people have mixed feelings about The Slammer.  Some feel it is in bad taste and others think it is a great service to the community.  The magazine states that “The Slammer‘s mission is to help reduce crime, locate missing persons, bring fugitives to justice and provide information that assists authorities in making our communities safer.”

If you are arrested in Raleigh or the Triangle… there is a chance
you mug shot will be in “The Slammer.”

New Law Affects Teen Drivers in NC – G.S. 20-13.3

October 18, 2011 by  
Filed under Traffic Law

New Law Affects Teen Drivers in NC – G.S. 20-13.3

Tell your teen driver to slow down!   It could cost them big after the New Year.  The UNC School of Government reports that:  On January 1st, 2012 the new law on Civil License Revocations for Provisional Licensees goes into effect.  It’s a scary law that can land a teen driver in jail and result in a 30 day suspended license for speeding 15 mph over the posted speed limit (among numerous other moving violation).

The newly amended law, G.S. 20-13.3, will affect 16 and 17 year old drivers that have been issued a limited learner’s permit or a provisional license issued by NC DMV pursuant to G.S. 20-11. These drivers are defined as “provisional licensee[s].” G.S. 20-13.3(a)(4).  This new law does not affect 15 year old drivers that have been issued Provisional Licenses because under North Carolina state law someone under the age of 16 cannot be arrested.

The new law is activated by commission of a “criminal moving violation,” which are driving offenses that are punishable as a misdemeanor or felony offense.  This includes Reckless driving (G.S. 20-140) and Speeding more than 15 mph over limit or more than 80 mph (G.S. 20-141(j1))… Both of which are not uncommon for teens to be charged with.

Please see the end of this article for a complete list of criminal moving violations.

Under the new law a provisional licensee’s permit or license is subject to revocation under G.S. 13-3 if: (1) a law enforcement officer has reasonable grounds to believe that the provisional licensee has committed a criminal moving violation, (2) the provisional licensee is charged with that offense, and (3) the provisional licensee is not subject to a civil revocation pursuant to G.S. 20-16.5 for the same underlying conduct.

Bottom Line – If your teen speeds they risk license revocation and jail!  Contact The Gurney Law Firm if you or your teen has been charge with a traffic or criminal offense (919) 930-4027.  Mr. Gurney is a criminal defense attorney in Raleigh, NC and serves Raleigh, Cary, Garner, Apex, Wake Forest and all of Wake County.

The following offenses are criminal moving violations in North Carolina:

  • G.S. 20-137.4: Operating a school bus while using a mobile phone
  • G.S. 20-137.4A: Operating a school bus while using a mobile phone to text or access electronic email
  • G.S. 20-138.1: Driving while impaired
  • G.S. 20-138.2: Driving while impaired in a commercial vehicle
  • G.S. 20-138.2A: Operating a commercial vehicle after consuming
  • G.S. 20-138.2B: Operating a school bus, school activity bus, or child care vehicle after consuming alcohol
  • G.S. 20-138.3: Operating a motor vehicle by person less than 21 after consuming alcohol or drugs
  • G.S. 20-138.5: Habitual impaired driving
  • G.S. 20-138.7(a): Operating a motor vehicle while there is an open container of alcohol in the passenger area and while the driver is consuming or has consumed alcohol
  • G.S. 20-140: Reckless driving
  • G.S. 20-141(j1): Speeding more than 15 mph over limit or more than 80 mph
  • G.S. 20-141(j3): Speeding in a commercial motor vehicle carrying a load that is subject to the permitting requirements of G.S. 20-119 and (i) driving 15 mph or more over the posted speed, or (ii) driving 15 mph or more over the permit speed
  • G.S. 20-141.3: Operating a motor vehicle willfully in a prearranged speed competition, or operating a motor vehicle willfully in speed competition, or allowing one’s vehicle to be operated in a prearranged speed competition, or wagering on a prearranged speed competition
  • G.S. 20-141.4: Felony death by vehicle, misdemeanor death by vehicle, felony serious injury by vehicle, aggravated felony serious injury by vehicle, aggravated felony death by vehicle, repeat felony death by vehicle
  • G.S. 20-141.5: Speeding to elude arrest
  • G.S. 20-141.6: Aggressive driving
  • G.S. 20-149(b): Improper operation by an overtaken driver causing a collision resulting in serious bodily injury, bodily injury, or property damage
  • G.S. 20-157(a), (h), (i): Failing to move over for law enforcement or emergency vehicle giving warning signal, or violating G.S. 20-157 and causing damage to property or injury, or violating G.S. 20-157 and causing serious injury or death
  • G.S.20-166(a), (a1), (b), (c), (c1): Failing to stop and remain after a crash resulting in serious bodily injury or death, or failing to stop and remain after a crash resulting in injury, or failing to provide information or render assistance following a crash, or failing to stop and remain after a crash resulting in damage to property or non-apparent injury
  • G.S. 20-166.1: Failing to notify law enforcement or other owner following crash, or failing to provide proof of insurance to DMV upon request
  • G.S. 20-166.2: Failing, when a passenger in a vehicle involved in a crash, to remain at the scene, or provide information, or render assistance
  • G.S. 20-167.1: Transporting spent nuclear fuel without notifying NCSHP in advance


Fight Your Speeding Ticket

October 17, 2011 by  
Filed under Traffic Law

Pretty much everyone I know has received a speeding ticket at some point in their life. Speeding tickets in Wake County are very common and happen to people in all walks f life.  But what do you do if you get one? A simple speeding ticket can end up costing you a lot if it’s not handled correctly.Your first step should be to consult an attorney who handles traffic law.  Here at The Gurney Law Firm we handle Wake County traffic tickets with due diligence and understanding.  It is important to understand the impact traffic tickets can have on your license and your insurance.

Contact The Gurney Law Firm if you have received a speeding ticket or DWI in Wake County and let us help.  The Gurney Law Firm serves all of Wake County including Raleigh, Durham, Apex, Cary, Wake Forest, Rolesville, Zebulon, Holly Springs, Garner, Morrisville, Wendell, Knightdale and Fuquay-Varina.

The Gurney Law Firm has experience with Traffic Violations, Speeding Tickets and Moving Violations. Let us fight and negotiate for you to minimize your exposure to license and insurance points. In many traffic cases we can represent you in court without you having to appear.

  • Speeding Tickets
  • Careless and Reckless Driving
  • DWI / DUI
  • Failure to Change Address
  • Expired or No Registration
  • DMV Hearings
  • Limited Driving Privilege
  • Driving While License Revoked
  • No Operator’s License
  • Failure to Wear a Seatbelt
  • Speeding
  • Speeding in a Work Zone
  • Speeding in a School Zone
  • Fail to Avoid Accident
  • Prayer for Judgment
  • All Other Traffic Charges

It is worth your time and money to contact an attorney.  Let us know if you we can help (919) 930-4027.

Wake County Speeding Tickets… To Pay or Not Pay?

October 12, 2011 by  
Filed under Traffic Law

Wake County Speeding Tickets…….. To Pay or Not Pay?

Every day in North Carolina, thousands of people across the state, are pulled over by the police and given traffic tickets. Here in Wake County some of the most common traffic offenses are Speeding, Driving While License Revoked and DWI. Once you receive a ticket you should contact an attorney and see if they can resolve your issue with minimal damage to your driver’s license and your auto insurance rates.

Traffic violations carry the threat of increased insurance points and license points. The goal of any good traffic law attorney should be to minimize your exposure to these points and see that the client receives quality representation.

For some of the more minor charges, i.e. speeding, the defendant has the option to just mail in a check and plead guilty to the charge. Unfortunately some people do this and waive there right to challenge the traffic violation. People do this because they don’t understand the true cost a guilty plea has or they just don’t want to deal with it. Some may think that they are saving money by not hiring an attorney but in the long run it can cost you so much more. In many cases a guilty plea on a traffic violation can result in your insurance rate going up 25% to 400%. And this increase can last up to 3 years!

In addition to receiving insurance points (which make your insurance rates higher) you are at risk of getting license points. Points on your license can lead to your driver’s license being revoked.

If you have been charged with any traffic offense please call The Gurney Law Firm at (919) 930-4027 and see how your traffic charge can be resolved best.