Drunk Driving/DUI Case Results

Charge: DWI

Facing: 6 months in jail
Result: Case Dismissed

North Carolina v. A.Z. – After reviewing our pretrial motion to dismiss based on an unconstitutional driver's license checkpoint, the Assistant District Attorney (ADA) consulted with the arresting officers and dismissed the DWI charge.

Charge: DWI

Facing: 1 year in jail
Result: Case Dismissed

North Carolina v. J.O. – Our client lost her trial in District Court and received a 45 day jail sentence. She hired Roberts Law Group to help her with her Superior Court efforts. We argued a motion to dismiss based on an unconstitutional driver's license checkpoint and prevailed. Any evidence that flowed from the stop of her vehicle was ordered suppressed by the Judge. Case dismissed. Our client blew .13 on the EC-IR II breath device.

Charge: DWI

Facing: 6 months in jail
Result: Guilty Plea

North Carolina v. D.E. – Defendant was convicted of DWI in District Court and received a 25 day sentence. He hired Roberts Law Group to handle his appeal. We entered a plea again in Superior Court, but spent a great deal of time in preparation for the mitigation portion of sentencing. The Superior Court Judge removed the active portion of the jail sentence in favor of supervised probation. From Client: "Roberts Law Group has really been a blessing to me during my time of need."

Charge: DWI

Facing: 6 months in jail
Result: Not Guilty

North Carolina v. D.B. – Our client pulled up to a Driver's License Checkpoint after leaving a local bar. He was initially very nervous and couldn't get through the alphabet despite being given four opportunities. He did not perform satisfactorily on further field sobriety testing according to the officer and was arrested. Despite blowing .08 on the EC-IR II, we successfully argued that there was reasonable doubt as to our client's appreciable impairment and we asked the judge to render a not guilty verdict. The judge agreed.

Charge: DWI

Facing: 6 months in jail
Result: DWI dismissed after pre trial hearing

North Carolina v. S.S. – Our client was pulled over for squealing tires as he pulled onto the highway. After a few field sobriety tests, the officer called in a second officer to conduct further testing. The second officer initially agreed to the decision to arrest, but, during cross examination at trial, admitted that he may not have spent enough time with our client to know for sure whether there was evidence of appreciable impairment. Our Motion to dismiss was granted based on lack of probable cause to arrest.

Charge: DWI & Go Armed to the Terror of the Public

Facing: 6 months in jail
Result: DWI dismissed after pre trial hearing, Guilty as to the 'Go Armed' Charge

North Carolina v. B.D. – After an altercation on the highway in which our client felt he needed to brandish his weapon to protect himself from another motorist, law enforcement officers arrested him for DWI and a gun charge. Our client was very concerned with the DWI matter, as his driving privileges were vital to his ability to take care of his sick wife. At a pre trial motion, the DWI charge was dismissed after the judge found that law enforcement officers arrested our client for the DWI without proper impairment testing. Our client was found guilty of the 'Go Armed' charge. That portion of the case is currently on appeal.

Charge: DWI

Facing: 6 months in jail
Results: Reduction of Charge Without Trial

North Carolina v. T.J. -After reviewing our pretrial motion to dismiss based on a lack of reasonable suspicion to stop our client's vehicle, the Assistant District Attorney (ADA) consulted with his State Trooper and offered to dismiss the DWI charge in exchange for a plea to Careless and Reckless Driving. The Defendant agreed to the negotiated plea arrangement. Our client blew .11 on the EC-IR II breath device.

Charge: DWI

Facing: 6 months in jail
Result: Not Guilty at Trial

North Carolina v. K.K. - We fought to suppress the admission of the Portable Breath Test and the Horizontal Gaze Nystagmus result, and succeeded. Our client performed well enough on the other field sobriety test's that the Judge could not find him guilty beyond a reasonable doubt despite the fact that he blew .10 on the EC-IR II breath device.

Charge: DWI, Failure to Maintain Lane Control, Failure to Update License

Facing: 6 months in jail
Result: Not Guilty, all counts

North Carolina v. D.C. - Despite a law enforcement officer's claims of poor driving, we offered testimony and documentation attesting to the fact that our client had only one glass of wine at dinner. We lost the initial motion to dismiss based on lack of probable cause to arrest, but prevailed on the beyond a reasonable doubt argument. Our Client was found not guilty on DWI, Weaving, and Failure to Update License.

Charge: DWI

Facing: 6 months in jail
Result: Dismissed

North Carolina v. R.O. - After receiving an anonymous tip that our client was intoxicated, a police officer pulled our client over for driving over the center line several times and making a wide right turn. We filed a motion to dismiss for lack of reasonable suspicion to stop. After a pretrial hearing, the judge agreed that our client's constitutional rights were violated and dismissed the case.

Charge: DWI, Speeding, Open Container

Facing: 6 months in jail
Result: Not Guilty of DWI

North Carolina v. W.A. - Our client was pulled over for speeding. The state trooper claimed that our client slurred his speech and was impaired. The State alleged that our client blew a .08 on the breath device. At trial, the client was found not guilty for DWI and guilty of speeding and possession of an open container.

Charge: DWI

Facing: 6 months in jail
Result: Dismissed

North Carolina v. J.L. - Our client was stopped by officers after police officers allegedly saw her driving in a suspicious manner on a dead end road. After pulling our client over, officers detected a strong odor of alcohol. The State alleged that our client blew a .12 on the breath device. After a pre-trial hearing, the judge granted our motion to dismiss for lack of reasonable suspicion to stop her vehicle.

Charge: DWI, Reckless Driving

Facing: 6 months in jail
Result: Dismissed

North Carolina v. J.Y. - Our client was arrested after he allegedly caused a motor vehicle accident while under the influence of alcohol. The State alleged that he made incriminating statements to the investigating officers and that his breath alcohol concentration (BAC) was .17. We filed motions to suppress his statements to the officers and to dismiss the case for lack of probable cause to arrest. At a pre-trial hearing, the judge dismissed both charges.

Charge: DWI, Transporting An Open Container of Alcoholic Beverage

Facing: 6 months in jail
Result: Dismissed

North Carolina v. W.B. - Our client was stopped for speeding and arrested for driving while impaired when a state trooper found several half-empty containers of alcohol in his vehicle. He admitted to drinking before he was arrested. We filed a motion arguing that the trooper lacked probable cause to arrest our client. The judge agreed and the charge was dismissed.

Charge: DWI, Reckless Driving

Facing: 6 months in jail
Result: Dismissed

North Carolina v. C.E. - Our client was arrested after allegedly crashing his vehicle in an empty parking lot. The state offered the testimony of a security guard who saw defendant getting out of the vehicle and believed that he was impaired. Our client admitted to drinking earlier that night and to driving the vehicle. We filed a motion arguing that there was insufficient probable cause to arrest. The court agreed and the charges were dismissed.

Charge: DWI, Speeding

Facing: 6 months in jail
Result: Convicted of Reckless Driving

U.S. v. D.S. - Our client was stopped for speeding on federal property. The officer detected an odor of alcohol and administered field sobriety tests. Our client was arrested and subsequently blew .11 on the breath device. We argued that our client, a retired Army veteran facing his third DWI, should not be convicted because of extenuating personal circumstances and because he had sought treatment for his substance abuse issues prior to his first court date. The government agreed and the charge was reduced to reckless driving. Our client paid and fine and was placed on supervised probation for six months.

Charge: DWI

Facing: 6 months in jail
Result: Dismissed

North Carolina v. L.R. - Our client was arrested after he drove through a driver's license checkpoint without stopping. He blew a .15 at the station. We filed a motion to dismiss the charge, arguing that the checkpoint was unconstitutional. The judge agreed and the charge was dismissed.

Charge: DWI

Facing: 12 months in jail
Result: probation

North Carolina v. D.M. - Our client was charged with driving while impaired when several eyewitnesses accused her of colliding with their vehicles and then abandoning her vehicle at the scene of the collision. The eyewitnesses believed our client was impaired when she stepped from her vehicle. The officer who investigated the incident discovered more than 15 opened small bottles, many of which contained partially consumed alcohol. Our client had a breath alcohol concentration of .22 at the station several hours later. We argued that our client had dedicated herself to sobriety and provided documentation to support our claim. The court chose to place our client on supervised probation instead of sending her to prison.

Charge: DWI

Facing: 6 months in jail
Result: Not Guilty

North Carolina v. J.S. - After being stopped for speeding, our client was arrested for DWI after admitting to drinking "a few." The officer testified that he smelled like alcohol as he performed field tests on the side of the road. The State alleged that our client blew .08 on the breath device at the station. At trial, we convinced the judge that the State had not met their burden of proof and the client was found not guilty of DWI, and guilty of speeding 10 mph over the limit.

Charge: DWI

Facing: 2 years, $4000 fine
Result: Not Guilty

North Carolina v. S.F. - Our client was driving home to Raleigh after leaving a NFL Championship Game party. In a heavy rainstorm, our client crashed into a ditch. The state trooper arrived shortly thereafter and waived our client into his patrol vehicle. After noticing an odor of alcohol, the trooper conducted tests for impairment and made an arrest. We filed motions to challenge the entry of the breath test number. Even though our motions were unsuccessful, the verdict was not guilty.

Charge: DWI

Facing: 6 months in jail
Result: Dismissed

North Carolina v. J.P. - Our client was leaving a business dinner and swerved off the road to avoid hitting a deer. His truck was totaled and the State Trooper arrived shortly after emergency medical services. No field sobriety tests were conducted at the scene due to our client's head injuries. An arrest was made due to the odor of alcohol and the reading on a portable breath testing device. The trooper failed to investigate the time of the accident and who may have called 911. Due to the State's inability to establish a time frame of the incident, our pre trial motion to dismiss was granted.

Charge: DWI

Facing: 6 months in jail
Result: Not Guilty

North Carolina v. H.M. - Our client was seen leaving a bar and making an improper turn into a neighborhood. Police officer covertly followed our client for 10 minutes, and watched him make erratic stops and starts throughout the neighborhood. During the traffic stop, there was an odor of alcohol and an admission to drinking 6-7 beers. All further field sobriety tests were waived by our client. Our motions to attack reasonable suspicion for the stop, and probable cause for the arrest were denied by the judge. However the State could not prove appreciable impairment beyond a reasonable doubt.

Charge: DWI

Facing: 1 year in prison and a fine of $2000
Result: Dismissed

North Carolina vs. M.S. - Our client was represented by another firm and was convicted in District Court of impaired driving. He appealed the matter to Superior Court and retained Patrick Roberts to try his case before a jury. On the morning the jury trial was set to begin, the Assistant District Attorney dismissed the case, citing a lack of evidence.

Charge: DWI, Possess Open Container

Facing: 6 months in prison and a fine of $1000
Result: Not Guilty of Driving While Impaired

North Carolina vs. G.C. - After being stopped for speeding, our client was arrested for DWI after performing field tests on the side of the road. The State alleged that our client blew .09 on the breath device. At trial, we convinced the judge that the State had not met their burden of proof and the client was found not guilty of DWI and guilty of possessing an open container in the vehicle.

Charge: DWI, Reckless Driving

Facing: 6 months in prison and a fine of $1000
Result: Not Guilty of Driving While Impaired

North Carolina vs. A.J. - Our client was pulled over for reckless operation of his motorcycle. The state trooper detected an odor of alcohol and believed that our client was impaired. The State alleged that our client blew .08 on the breath device. At trial, the client was found not guilty for DWI and guilty of reckless driving.

Charge: DWI

Facing: 6 months in prison and a fine of $1000
Result: Dismissed

North Carolina vs. E.S. - The state accused our client of erratic driving over an extended distance. We filed a motion to dismiss for lack of reasonable suspicion to stop. After a hearing, the judge agreed that our client's constitutional rights were violated and dismissed the case.

Charge: Third DWI in Five Years

Facing: 24 months in prison and a fine of $4,000
Result: Probation

North Carolina vs. I.R. - Our client faced his third DWI in five years. He was convicted of the previous two and faced a two year prison term for the current charge. We argued that the client deserved another chance. The judge agreed and the client was placed on supervised probation after serving 60 days in jail.

Disclaimer: The listed cases are illustrative of the types of cases handled and do not represent the entire record of cases handled by the firm. The outcome of a particular case is based upon a variety of factors and cannot be predicated upon a lawyer's or law firm's past results. The penalties listed for each case are the maximum amount of time the client was facing, based upon the structured sentencing guidelines and taking into consideration each client's criminal record at that time. Prior results do not guarantee a similar outcome.