DWI Defense Lawyer Uses Variety of Strategies to Win a DWI Case

RELEASED: May 23, 2012

RALEIGH, NC — A criminal defense lawyer of Roberts Law Group, PLLC, has successfully directed the defense of several DWI cases over the first five months of 2012, resulting in several dismissals and not guilty verdicts.

"Every DWI case is different. Each one has a different set of law enforcement officers, different set of circumstances and different level of alleged impairment," noted the DWI defense attorney. "People often ask me if I can get their case dismissed. My answer to that is usually 'Not without some sort of contested litigation.' The State of North Carolina doesn't simply dismiss DWI cases."

Positive Outcomes In A DWI Case Can Happen In A Variety Of Ways

January. In Wilson County, our DWI defense lawyer prevailed on a pre-trial motion challenging the constitutional validity of a traffic stop that resulted in a DWI charge. His client was pulled over for weaving within his own lane; however, case law in North Carolina allows for some weaving within one's own lane if other aggravating factors aren't also present. The Judge found that there was no reasonable, articulable suspicion for the traffic stop and dismissed the DWI charge.

February. In Wake County, after two years of litigation at the District Court level, our impaired driving defense lawyer proved that his client had suffered irreparable prejudice as a result of destroyed exculpatory evidence. (The police department had inadvertently destroyed video evidence of the field sobriety tests.) The defense attorney from Roberts Law Group introduced an outside witness who testified that the tape would have shown something very different than what was written in the police report. The defense lawyer also introduced a letter his client had sent him detailing the facts of the evening. This letter had been sent only hours after the arrest and the judge found it a credible version of the events. The Court ruled that the inability to play the tape irreparably prejudiced the defense and ordered a dismissal.

March. In Wake County, our defense attorney raised reasonable doubt as to his client's level of impairment, despite the testimony from law enforcement that the defendant had a blood-alcohol content of .10 on the night in question. In North Carolina, impairment can be demonstrated in one of two ways: blood-alcohol content and/or noticeable or appreciable mental and or physical impairment. While his client blew a couple points over the legal limit, her performance on field sobriety tests was such that the judge found reasonable doubt as to her level of impairment and found her not guilty.

April. In Wake County, the judge denied the State's request for another continuance so that they could again attempt to get all of their required officers into the courtroom. When cases go on for months at a time, the court keeps a detailed record as to which party requests continuances and which party is prepared to proceed. There is a common misconception that the judge will 'throw a case out' when the State hasn't been prepared three times in a row. While this doesn't always hold true, there will come a point in time when the judge will grant or deny a continuance request based on the history of the proceedings. In this case, the State had never been able to get their required officers in court to prove the matter and the Judge denied the motion to continue. The State had no choice but to dismiss the DWI charges.

May. The Wake County District Attorney's Office determined that it wouldn't be in the interest of justice to prosecute an arrest that arose from a 2011 Beach Music Festival DWI checkpoint. Law enforcement had blocked off every entrance to the festival with a series of sobriety checkpoints. Different law enforcement jurisdictions had also been called in to assist on the day of the festival but they were not properly briefed or given proper permission to work the checkpoint. Many defense attorneys in Wake County successfully litigated the validity of the checkpoint for clients who had been arrested that day. After a series of rulings that held the DWI checkpoint unlawful, the DA's office dismissed several cases that arose from officers that weren't initially prepped to work the detail. Our client fell into this category.

A DWI Charge Can Be An "Overwhelming Experience"

Our DWI defense lawyers at Roberts Law Group understand that, "Being charged with a DWI isn't a fun experience. It can be overwhelming and it often seems that the cards are stacked against you. The government diligently prosecutes these cases and public sentiment has led to tougher and tougher penalties for those charged with DWI, despite the presumption of innocence." Getting an attorney that focuses on DWI defense is an important step in securing the best outcome. "Don't let the Government intimidate you," advises a Roberts Law Group DWI defense attorney. "They may have had enough cause to investigate and arrest you, but not guilty verdicts and dismissals can arise through a variety of DWI defense strategies."

If you've been charged with Driving While Impaired (DWI), or any other crime for that matter, the Government must prove beyond a reasonable doubt that you are indeed guilty of what they're alleging. "It's the highest standard of proof in any courtroom, and I enjoy the process of ensuring that the government adheres to that standard. They can't always prove guilt, even if there was a lawful arrest," noted the defense attorney.

For more information about the Roberts Law Group, see his criminal defense website and criminal defense blog. With offices in Raleigh, Wilmington and Charlotte, our defense attorneys who defend against sex crime charges, DWI charges and assault charges, among others in Wake County. To contact a Raleigh criminal defense lawyer at Roberts Law Group, please contact the law firm or call 877-880-5753 for a free consultation. Roberts Law Group can also be followed on Facebook at facebook.com/nc.criminal.defense.

DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm's case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results because prior results do not guarantee a similar outcome.

North Carolina v. J.S.
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Roberts Law Group acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.