James K. Minick

James K. Minick – DWI Attorney

After an individual has been charged with a Driving While Impaired (DWI), it is important to hire an attorney that can help defend against the charges. In order to defend against a DWI, an attorney often focuses on three different parts of the DWI process: the stop, the arrest, and the trial

The Stop

In order for there to be a valid stop for a DWI, a police officer must be able to show that there was a reason to stop you. This is typically done through an officer showing that there was either reasonable suspicion  for a stop. Without reasonable suspicion or probable cause, a police officer cannot stop you. If a police officer has stopped an individual without reasonable suspicion or probable cause, that police officer has violated the individual’s 4th Amendment right against unreasonable search and seizures. As such, the charges may be dismissed.

The Arrest

A police officer must also be able to justify an arrest for a DWI charge. To do this, the police officer must show that he had probable cause for the arrest. A police officer must be able to identify specific articulatable facts that support his belief that a crime has been committed. If the officer cannot show that there is enough reliable information that exists to support a reasonable belief that a person has committed a crime, there is no probable cause. Probable cause is established when looking at the totality of the circumstances: your driving, officer observations, and performance on field sobriety tests and chemical analysis test. Without probable cause, an arrest is invalid and therefore your charges will be dismissed.

The Trial

James Minick is a member of the  National Academy of DUI Attorneys

James Minick is a member of the
National Academy of DUI Attorneys

Finally, during the trial, an attorney can try to defeat the DWI charge by showing that there is no reason for you to be guilty of the charge. This can be done by negating any element of the claim by showing that you are not guilty beyond a reasonable doubt or by showing procedural issues with the DWI charge. The reasonable doubt standard is the highest legal standard in our legal system and therefore, the most difficult to prove by the prosecutor.

Contact Us

If you have been charged with a DWI, it is important to retain a qualified DWI defense attorney to fight your case. As such, don’t hesitate to Contact Us at Minick Law, P.C. for a free consultation. We will zealously fight your charges in order to receive the best possible outcome of your case.

Aggressive Criminal Defense. Client Focused Service.

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To find the membership requirements for the above organizations, as well as a lawyer directory showing which of the Minick Law attorneys are members of each organization, please visit each organization's website by clicking the appropriate graphic.
Great firm. Wonderful and rare attorneys. We could use a million more just like them.
David H.
If attorneys are going to be this compassionate and nice I am going to have to stop telling attorney jokes.
Hilary S.
All questions were answered in a timely, respectful, and friendly manner. The firm's attorneys are devoted and their areas of expertise are far-ranging. This firm is top-notch!
William R.
...I had a note to myself on my calendar to follow up with their office, however, before that date came, they contacted ME, had successfully taken care of my traffic offense and sent me confirmation in the mail...

J. Nelson

This Law Firm really knows how to get the job done!...All the Attorney's here are very professional and easy to deal with. I highly recommend The Minick Law Firm for any of your needs. Thank you!

Patrick K.

Get the defense you need from a law firm that cares.

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We Listen

During our initial conversation with you we will get information about the circumstances of your charge and your situation.
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We Inform

Once we have these details we can explain the potential consequences you are facing.

We Plan

We will then create a detailed plan of action for your case to make sure that your traffic ticket is resolved in the appropriate manner. Our mission is to produce the best possible outcome on your case.

How Can We Help?

Asheville

A: 30 Orchard St. Asheville, NC 28801 P: (828) 333-5024 W: Visit Website

Charlotte

A: 2015 Ayrsley Town Blvd. #202-253 Charlotte, NC 28273 P: (704) 215-4242 W: Visit Website

Gastonia

A: 104 E. Main Ave Gastonia, NC 28052 P: (704) 323-8485 W: Visit Website

Waynesville

A: 258 N. Main Street Waynesville, NC 28786 P: (828) 333-5035 W: Visit Website

Wilmington

A: 321 N Front St #210, Wilmington, NC 28401 P: (910) 338-3994 W: Visit Website

Disclaimer

Every case is different, no results are guaranteed. This site and its information is not legal advice, nor is it intended to be. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.

Areas of Service

Cities: Asheville, Charlotte, Gastonia, Waynesville, and Wilmington. Counties: Brunswick, Buncombe, Burke, Catawba, Cleveland, Columbus, Gaston, Haywood, Henderson, Jackson, Lincolnton, Madison, McDowell, Mecklenburg, New Hanover, Onslow, Pender, Polk, Rutherford, Swain, Transylvania, and Yancey.
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