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Can I get my DWI charges dismissed?

If you are accused of DWI charges in the Outer Banks, it’s a good idea to research defense lawyers.  CAN I GET MY DUI CHARGES DISMISSED?

Given the possible consequences of a conviction, it makes sense that people want to know, “Can I get my drunk driving charges dismissed?”

It’s important to understand criminal lawyers consider a series of factors in determining whether legal defenses are available.

We believe the key to a successful DWI defense and possible dismissal is careful consideration of the fact-pattern.  Each DWI charge, like each client accused of the crime, is different – Danny Glover, OBX DWI Lawyer

Obviously, a conviction for impaired driving in North Carolina can have severe, negative consequences.

NC DMV (the Division of Motor Vehicles, a part of the North Carolina Department of Transporation) imposes penalties.  There are also insurance points to consider.

A conviction for DWI in NC may also involve the imposition of community service hours, fines, costs of court, some sort of probation, and treatment for alcohol or controlled substances.

The Outer Banks community does not like DWI charges.  There can be a substantial social stigma for even getting arrested for “drunken driving.”

Unfortunately, many people don’t really understand that driving while impaired or “DWI” is not the same thing as drunk driving.

It makes sense then that many clients ask, “Can I get my DWI charges dismissed?”

In answering that question, Outer Banks DWI defense lawyers consider the basis of the stop, Reasonable Suspicion, the “arrest decision” and Probable Cause to Arrest, and other legal issues involving the 4th Amendment of the Constitution.

Can I get my charges dismissed if I have a clean record?

Leading a good life and the absence of a criminal record, while admirable, likely won’t result in the dismissal of your DWI charges.

It’s important not to confuse equitable remedies and what might be “fair” or “right,” with legitimate legal bases for a dismissal of charges and/or getting your DWI charges dismissed or thrown out.

The DWI Laws in North Carolina and protocols are complicated..  Judges and Prosecutors don’t throw out impaired driving charges because you’ve never been in trouble before – Danny Glover, Outer Banks DWI Lawyer 

The paperwork associated with a dismissal of DWI charges is more substantial, and at some level, more burdensome than even getting certain felony charges in NC dismissed.

The reasons for dismissing charges are scrutinized by the public, the media, and the General Assembly.

At the same time, there are legitimate legal defenses to DWI charges in the Outer Banks.

Is the Traffic Stop Valid?

Lawyers research and prepare for court.

That may involve reviewing the police officer’s notes, Driving While Impaired Report (DWIR), Charging Officer Affidavit, and possibly dash-cam and body-cam footage.

DWI lawyers analyze the unique fact patterns, preparing legal defenses, often considering the very same materials officers use to investigate and prosecute DWI charges.

DWI defense lawyers are called to understand the nuances of training manuals, relevant caselaw, and the relative ability to observe alleged criminal activity – Danny Glover Jr, DWI defense attorney 

Defense lawyers must necessarily consider the legal and factual bases for the stop, asking the question, “Was the stop valid?”

The validity of the stop involves consideration of the legal concept known as Reasonable Suspicion.  

Reasonable Suspicion involves testimony amounting to more than a hunch or “gut instinct.”

As criminal lawyers, especially with regard to OBX DWI charges, we’re interested in things like:

  • Why did the officer pull you over?
  • What drew their attention to you or your vehicle?
  • Were you traveling at the posted speed?
  • Were you traveling below the speed limit?
  • Were you speeding?
  • Did cross the center line?
  • Did you tailgate other vehicles?
  • Did you cause an accident?
  • Did you sit too long at a green light?
  • Did you pull past the “stop line?”
  • Did you run a red light?

Those are some of the many different questions we might have regarding determining whether the traffic stop was valid and whether the officer had Reasonable Suspicion to stop you.

There are illegitimate and therefore illegal reasons to stop drivers.  Pretextual reasons for the traffic stop may not stand up in court, such as:

  • He looks suspicious
  • Something wasn’t right
  • I had a hint something was wrong
  • I think I stopped him before
  • I saw him driving near bars
  • I wanted to see if maybe he was drinking and driving
  • He looked unusual

Without legitimate reasons to stop a car, Reasonable Suspicion may fail at trial.  Evidence seized without Reasonable Suspicion to stop may be suppressed by the Court (the Judge).

In North Carolina, DWI defense attorneys may file/argue a Motion to Suppress.  Without evidence of impairment, due to suppression by the Court, counsel may thereafter make a Motion to Dismiss.

DWI Charges:  Legal Information

  1. What are the punishments for DWI charges in North Carolina? 
  2. What happens if I refuse the Breathalyzer? 
  3. Felony Serious Injury by Vehicle:  DWI Felony Charges 
  4. NC DWI Laws 
  5. What is Impaired Driving in NC:  DUI or DWI? 

Outer Banks DWI Defense Attorneys

A conviction for DWI in NC is serious stuff.

Our law firm is dedicated to providing sound legal advice, compassionate legal representation, and guidance to clients faced with OBX DWI charges.

Call Danny Glover Jr today to schedule your free consultation:  (252)-299-5300

Danny’s email address is:  Danny@DannyGloverLawFirm.com

 

 

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