Practice Areas

The Winston Law Group handles felonies and misdemeanor criminal cases. Our team is well-practiced in local North Carolina court procedures and law. We use that understanding to assist clients facing criminal charges by providing knowledge of the realities of the judicial process and using it to ensure our clients receive a solid legal defense. We work hard to reduce sentencing and provide legal insight regarding plea bargains. Winston Law Group understands that a criminal charge can be devastating, especially if you don’t understand your rights. Let our experienced criminal legal team help protect your rights, whether you face a DWI, drug charges, traffic violation, or any other criminal charge.

Common types of misdemeanor criminal charges are:

• Assault on Female
• Larceny
• 1st Degree Trespass
• 2nd Degree Trespass
• Domestic Criminal Trespass
• Possession Marijuana Under .5oz
• Possession Marijuana Over .5oz
• Communicating Threats
• Fail to Disperse
• Contribute to Delinquency of a Minor
• Assault on Government Official
• Breaking and Entering
• Shoplifting
• Violation of a 50-B
• Vandalism
• Carrying a Concealed Weapon

For a majority of traffic violations we can represent the client in court with his/her presence being waived. This saves the clients the burden of going to court. Please call us today to see how we can help resolve your traffic matter.

Common types of traffic violations and charges are:
Driving While Impaired (DWI)
Driving While License Revoked (DWLR)
Aggressive Driving
Careless and Reckless Driving
Hit and Run – Property Damage
Passing a Stopped School Bus (No PJC)
Illegal Passing
Following Too Closely
Running a Stop sign or Light
Failure to Mover Over/Slow for Emergency Vehicle on Road Side;
No Operator License
Failure to Yield Right of Way
Failure to Stop for Siren
No Liability Insurance

Driving While Impaired (DWI): DWI level 1 – level 5; Habitual DWI: 3 priors within 10 years; Provisional / Underage DWI (In NC if you are under the age of 21 and are caught operating a motor vehicle on a public street or highway with any alcohol in your system, you can be convicted of a provisional DWI/DUI); Aid and abet; Impaired instruction
20-138.1. Impaired driving.

(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.

(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.

(b) Defense Precluded. – The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.

(b1) Defense Allowed. – Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).

(c) Pleading. – In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.

(d) Sentencing Hearing and Punishment. – Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.

(e) Exception. – Notwithstanding the definition of “vehicle” pursuant to G.S. 20-4.01(49), for purposes of this section the word “vehicle” does not include a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006-253, s. 9.)
Note: Aider and Abettor Punishment. – Notwithstanding any other provisions of this section, a person convicted of impaired driving under G.S. 20-138.1 under the common law concept of aiding and abetting is subject to Level Five punishment.

Winston Law Group will help you understand the charges brought against you, explore your options and present the best defense. The initial consultation is free and flexible payment terms are available. You should hire a lawyer as quickly as possible if you believe you may be charged with a felony. And, under no circumstances should you speak with police about the case without your lawyer present.

• Common felony criminal charges against property are: burglary, breaking and entering, larceny or arson
• Common felony criminal charges against the person are: robbery, assault, domestic violence, murder, gun or weapons violations or child abuse
• Common fraud or white collar criminal charges are: embezzlement or obtaining property by false pretenses; sex crimes such as rape, taking indecent liberties with children or statutory sex offenses
• Common felony drug criminal charges are: possession, manufacture or trafficking of a controlled substance (i.e. marijuana, cocaine, heroin, ecstasy, etc.)

Disclaimer: Every case is different. While we work to achieve the best possible result, no guarantees can be made about the outcome of your case. If you have any questions about a case, please contact us.

Alexander B. Stubbs has a high degree of skill in the representation of borrowers involving financial matters such as: Foreclosures; Fraud; Collections.

Further, Alexander B. Stubbs is regularly appointed Substitute Trustee in Foreclosure proceedings.