Raleigh DWI Trial | Why Not Go To Trial?

Recently, I was having lunch with another North Carolina DWI Attorney. Included in this Attorney's practice is Raleigh/Durham DWI Defense. I was explaining to him a case I had coming up the following day. As we went over the facts, I explained to him that I intended to call this matter for trial. He reiterated to me the facts of the case I had just explained and asked me what there was to have a trial on. I explained to him my strategy for trial and that was the end of the conversation. As it turned out, neither of us were proven correct as I didn't get to trial. Rather, the Prosecutor was forced to dismiss my client's North Carolina DWI Charge due to the fact that the Police Officer was in training the day of trial and would not be able to make it. Now, when this normally happens, the State would just ask for a continuance, the Judge would grant it, and the State would get another opportunity to get their Police Officer in for this Durham DWI Trial. In this particular case, I had already called it for trial before and at that time, the Officer wasn't available, so the State was forced to continue it, and the Judge explained that it would not be continued again. Fast-Forward to the new court date, Officer isn't available, and the Judge denied State's motion. Though the State has the option of re-charging my client (which I find totally unconstitutional, but unfortunately, presently acceptable due to case law) my client and me are hoping that this will be the end of the ordeal. I write about this today because it struck me as odd that my friend would think it shouldn't be tried. First, I felt that my arguments I planned to make in my Pre-trial motions to suppress had a decent change of being persuasive, in which case, had the Judge granted my Motion to Suppress, the case would have had to been dismissed or the motion appealed (the latter being the more common practice in this particular county). But, more importantly, I feel like most DWI charges should be taken to trial. I believe there are many reasons for this, but most importantly is, the trial is the unknown; you never know what will happen. You may have a good idea as to what will happen, but can't be sure. But, you may ask, what about pleading them out instead of trial? Well, funny you should (rhetorically) ask. In the counties that I practice (Wake, Durham and Harnett) as I assume in all other North Carolina Counties, the Prosecutor will not plead out a North Carolina DWI Charge to something other then a DWI charge. They will almost always dismiss the other associated charges (like if they originally pulled you for speeding) but not the DWI. So, a Defendant's only hope of avoiding the DWI charge is trial. In my conversations with other Raleigh DWI Attorneys, I am starting to get the impression that my theory is more in the minority then the majority. If true, I find this very upsetting. I charge a middle-of-the-road rate for representing someone facing a North Carolina DWI Charge. My fee is, what I believe to be, a fair representation of the time and effort I put into a case (well, technically, I think I should earn more, but the market being what it is, I do have to be competitive). Every client I get who is facing a North Carolina DWI Charge I spend a good amount of time investigating their case in order to determine whether their are any try-able facts. Even if there is nothing to hang a Defense on, my recommendation is almost always trial, just to see what happens. The North Carolina DWI Sentence the DWI Defendant faces is the same whether they plead guilty or are found guilty. So, unless there are other charges which could be dismissed that the Defendant wants to avoid, the best bet is almost always trial. Which brings me back to my conversation with the other Durham DWI Lawyer. Granted, my client had indication of impairment at the time of the arrest (though not enough, in my assessment) and he blew above the limit. For all intents and purposes, my client was likely guilty of Driving While Impaired. However, I felt there were problems with the stop and the arrest (see my blog post about defending these types of Constitutional issues and why it is important) and decided to have a trial. For my efforts, my client has avoided a DWI conviction (though not without punishment, when you consider multiple trips to court - time and money, my cost, losing his driving privilege for 30 days, $100 for the implied consent offense fee, and he completed a Substance Abuse Assessment in anticipation of a conviction). I guess my point is, this is an instance where due diligence and an eye on trial paid off for my client and should be the practice of all Raleigh DWI Attorneys.

North Carolina Limited Driving Privileges| What is Needed for the Petition

In today's DWI Blog, I will be focusing on North Carolina's Limited Driving Privilege.  Though a Limited Driving Privilege applies to more situation then a DWI, today's blog will only focus on it's function in the DWI world.

First, the Petition is just that, a petition.  The Privilege must be agreed to by a District Court Judge, there are no guarantees that you will be given a privilege.  Second, the Privilege is normally only for Monday through Friday, 6:00 A.M. until 8:00 P.M.  If you need to drive outside of those time for school or work, it can be requested with additional documentation.

There are two areas of a DWI case where the Limited Driving Privilege applies, first is after being charged with a DWI, you will have your license suspended for 30 days.  Most likely, the Police Officer took your license.  In those situations the Privilege can not be granted for the first 10 days, therefore if granted, the Privilege will only be for the remaining 20 days.  If convicted of a DWI or if you plead guilty to a DWI, you will have your license suspended for 12 months.  Depending on how high your blood/alcohol level was at the time of your arrest will dictate when you can petition the court for a Limited Driving Privilege for those 12 months.  The petition requires several things before a Judge will consider it.  Below, I have listed those things that are necessary.

1. A certified 7-year driving record from the DMV
2. A Limited Driving Privilege Petition (Form AOC-CVR-9)
3. Fully completed Limited Driving Privileges (Form AOC-CVR-10 or AOC-CVR-11) (3 copies of each)
4. Valid proof of driving insurance (called a 'DL-123 form')
5. Proof of Substance Abuse Assessment
6. Letter from an employer or school if requesting more time outside of the standard hours.
7. $100 cost for the privilege.

This process can seem a bit complicated, but it can be done.  If you feel overwhelmed, speak with a local Durham DWI Attorney or Raleigh DWI Attorney or a DWI Attorney in your area for assistance.  Some may be willing to assist you without handling your DWI case.