DWI
I have represented numerous defendants in District Court charged
with Driving While Impaired (DWI) in
violation of N.C. Gen. Stat. Section
20-138.1. I represent persons
charged with DWI primarily in Wake
County.
I recently authored an appellate
brief in the Court of Appeals of
North Carolina in the case of State
of North Carolina v. Justin Everett
Rose, 170 N.C.App. 284, 612 S.E.2d
336, cert.denied 359 N.C. 641, 617
S.E.2d 656 (2005) that prompted a
landmark decision that has had a
major impact in the judicial review
of police checkpoints.
It is important to remember that
District Attorneys in North Carolina
vigorously prosecute DWI defendants.
Public opinion regarding the dangers
of drunk driving has created intense
political pressure on prosecutors
and judges to seek convictions and
raise their conviction rates. Fewer
and fewer judges review the facts of
each case with a great deal of
scrutiny.
It is important to hire an attorney
to analyze and prepare to defend you
in the face of a zealous District
Attorney. An attorney can often
challenge the reasonableness of the
traffic stop in a DWI case and
exercise your right to a trial in
those cases where the facts may
point toward your innocence.
Even If you cannot avoid a
conviction it is important to hire
an attorney to guide you through the
process of dealing with the many
sentencing and compliance issues.
For instance, an attorney can
prepare a pretrial and post trial
driving privilege if you are
eligible, can discuss your options
regarding sentencing, and can explain the
need for and options for substance
abuse assessments and substance
abuse classes.
Finally, if you are facing a
potential second or third DWI
conviction, it is very important for
you to discuss your sentencing
options with an attorney because a
second or third DWI conviction will
land you in jail or prison. If you
are facing a second or third DWI
conviction it is most important for
you to have a thorough discussion
with an attorney or counselor or
family members as to whether you
need serious and intensive alcohol
treatment.
Additional Resources:
Monitech Ignition Interlock Systems
