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Rowland & Yauger
 Main Page    Michael C. Rowland Jr.    Firm Overview    Practice Areas  

   Traffic offenses    Driving while impaired 
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Rowland & Yauger
Michael Rowland

107 Monroe Street
Carthage NC 28327
(910) 947-2280

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Rowland & Yauger

Please Call : 910-947-2280

Michael C. Rowland Jr.

Getting to know Mike Rowland...

I became a lawyer because: I believe this is my life purpose. There are a lot of negative stereotypes about lawyers, but I believe it is a noble calling to serve others and help them with their burdens.

What I like most about the law is: Being an advocate for those who can't speak or fight for themselves. It is an opportunity to help people level the playing field. As a lawyer, you help your clients obtain justice, or mercy, as the situation may require.

My most rewarding case...is difficult to pinpoint because each day and each case provides new rewards for me. We have settled many personal injury cases for tens of thousands and hundreds of thousands, but sometimes the most rewarding cases can be the small ones. For example, I recently settled a Personal Injury case for just a few thousand dollars, but this was very satisfying because the insurance company initially wrongfully denied my client's claim. He came to me with a small, but valid claim that many attorneys would refuse to pursue. I felt my client had been unjustly treated so I agreed to take the case to litigation for him. The insurance company soon decided they needed to settle that case-the same case they initially denied. It wasn't a great deal of money to either my client or my firm, but it was a matter of making sure my clients are treated right, and that was very satisfying.

In my criminal practice I enjoy, on almost a daily basis, helping people straighten out their driver's license so they can drive legally. It is amazing how difficult it makes life for people to go without a valid license. Once people get their license back they tend to be very excited and much more responsible with their privileges because they truly understand the value of that license. This is also very rewarding to me.

I founded Rowland & Yauger because...I wanted to develop a small town practice in an area where I grew up and deliver quality legal services to my friends and neighbors in a place where I want to live and raise my family.

What makes Rowland & Yauger different from other lawyers? We want to contribute to our community, we grew up here and want to make a difference here. We are accessible and down to earth. We are aggressive and intelligent trial lawyers with a blue collar work ethic.

Someone I really admire is...my father. He is an outstanding surgeon and has a very busy practice, but he has always made time for family and made us a priority along with his faith in God. He is a great example to me, and I hope to carry on his values so that I may pass them on to my children.

When not at work, I enjoy: Being with my family. Next to my faith, nothing is more important than my family and being the best husband and father that I can be.

Areas of Practice

  • Personal Injury
  • Criminal Law

Litigation Percentage

  • 95% of Practice Devoted to Litigation

Bar Admissions

  • North Carolina, 1997

Education

  • University of North Carolina School of Law, Chapel Hill, North Carolina
    • J.D. - 1997
  • University of North Carolina, Chapel Hill, North Carolina
    • B.A. - 1994
    • Major: English

Professional Associations and Memberships

  • North Carolina Bar Association, Member
  • American Bar Association, Member

The State of North Carolina is continually increasing the potential penalties under its Driving While Impaired statutes to make North Carolina's DWI laws among the toughest in the nation. Our attorneys are familiar with the latest changes in the driving while impaired laws and how they can affect your particular case. While each case is different, our attorneys have developed a systemized approach to help you determine if your case is appropriate for a trial, or whether a negotiated guilty plea is in your best interest. In either event, it is our goal to give each case our best efforts, educate our clients about the possible outcomes, and prepare them for court. We have successfully handled hundreds of these cases for our clients.

What is Driving While Impaired?

The North Carolina General Assembly has made it a crime to drive any vehicle on a public vehicular area or public road while under the influence of an impairing substance, or with an alcohol concentration of .08 or more. This means that the State must prove beyond a reasonable doubt that:

  • The Defendant was operating a motor vehicle
  • The Defendant was on a public road or public vehicular area
  • That the defendant was under the influence of an impairing substance, or had an alcohol concentration of .08 or higher

Because case law is constantly changing, it is important to discuss the elements of your case with an attorney experienced and knowledgeable in this area of the law.

Rowland & Yauger will consider the following defense strategies, among others, on your behalf:

  • Can the State prove you were driving?
  • Will the Officer remember you among all the other traffic stops he makes?
  • Can the State prove that the road was state maintained or a public vehicular area and not a private road?
  • Can the State prove that you were mentally or physically impaired or had a blood alcohol concentration of .08 or more while you were operating the vehicle?
  • Can the State prove that all of your tests were administered properly?
  • Can the State prove that the results of your tests are accurate under the specific circumstances of your case?
  • Was the evidence provided by the State collected in an unconstitutional or unlawful manner?
  • Can the State prove its case beyond a reasonable doubt?

DWI Punishment and Sentencing:

Before determining the punishment, the Court must determine your sentencing level. There are five misdemeanor sentencing levels ranging from Level 1, the most serious, to Level 5, the least serious. The Court determines the sentencing level based upon statutory factors that are characterized as “grossly aggravating,” “aggravating,” or “mitigating.” Among factors considered are:

  • prior convictions for driving while impaired
  • children under the age of 16 in the vehicle
  • whether you obtained a substance abuse assessment prior to court
  • your overall driving history.

Punishment Levels:

  • Level Five: 24 hours to 60 days in jail. A minimum of 24 hours must be imposed. This sentence is usually suspended if you agree to perform 24 hours of community service or not operate a motor vehicle for 30 days. Typically defendants are placed on unsupervised probation, but supervised probation is a possibility. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The Court can impose a fine up to $200.00.

  • Level Four: 48 hours to 120 days in jail. A minimum of 48 hours must be imposed, but this sentence is usually suspended if you agree to perform 48 hours of community service or not operate a motor vehicle for 60 days. Supervised or unsupervised probation is a possibility. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The Court may impose a fine up to $500.00

  • Level Three: 72 hours to 6 months in jail. A minimum of 72 hours must be imposed. This sentence is usually suspended if you agree to perform 72 hours of community service or not operate a motor vehicle for 90 days. Supervised or unsupervised probation is a possibility. The Judge may grant a limited driving privilege under this level if you are otherwise eligible. You will be required to obtain a substance abuse assessment and comply with the recommendations. The Court may impose a fine up to $1,000.00

  • Level Two: 7 days to 12 months in jail. You must serve at least 7 days in jail. If you attend an inpatient treatment program the Court may credit that against your jail time. You may be placed on probation. A limited driving privilege is not possible. You will need to get a substance abuse assessment and comply with its recommendations. The Court may impose a fine up to $2,000.00.

  • Level One: 30 days to 24 months in jail. You must serve at least 30 days in jail. If you attend an inpatient treatment program the Court may credit that against your jail time. You may be placed on probation. A limited driving privilege is not possible. You will need to get a substance abuse assessment and comply with its recommendations. A fine may be imposed up to $4,000.00.

Ignition Interlock: When your blood alcohol concentration is greater that .15 you will have to install an interlock ignition device on any vehicle you drive.

Vehicle Seizure: If at the time of your current offense you are driving with a revoked driver’s license for a prior DWI, your vehicle can be seized and forfeited.

Rowland & Yauger have extensive experience handling traffic and criminal matters throughout our judicial district, which consists of Moore, Randolph, and Montgomery counties, N.C. We can also assist you with representation in the surrounding counties of Richmond, Hoke, and Scotland, N.C.

Please Call : 910-947-2280


Carthage NC Criminal Defense Attorney

Main Page  Michael C. Rowland Jr.  Firm Overview  Practice Areas

  Traffic offenses  Driving while impaired

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