If I pay 2 tickets off for open container and speeding, could they still be used against me as aggravating factors in a DUI case?

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If I pay 2 tickets off for open container and speeding, could they still be used against me as aggravating factors in a DUI case?

I’m 21 and have never had anything on my criminal record and no driving infractions, I received my first DWI blew a BAC of .8 a few days ago. I was charged with DWI, as well as ticked with an open container and speeding above what was for reasonable and prudent for the conditions (the road was wet). I was driving a light sports car, hydroplaned and wrecked my car hitting a few mail boxes and finally a telephone pole. I was given the opportunity on the tickets for open container and speeding to pay them off without having to go to trial. The court dates for all of the charges were given the same.

Asked on December 26, 2014 under Criminal Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They were not dismissed. You don't qualify for traffic court on those items so paying them off will help you but in terms of your DWI, it could be used against you for what occurred. Consider hiring an attorney to go through the process of representing you and negotiating this to possible alternative conviction or delayed conviction wherein it can be expunged from your record if you committ no further acts, pay a fine and do community service and probably some sort of rehabilitation or counseling.


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