RELEASED: Dec. 21, 2010
RALEIGH, NC - In arguing a novel line of reasoning in a Randolph County Criminal Court, a criminal lawyer of the Roberts Law Group won a Driving While Under the Influence (DWI) case.
The issue at trial for our client was whether the Blood Alcohol Level (BAC) could come into the trial without the presence of the chemical analyst who took the blood sample. In most cases, without the analyst in court to verify the sample, a prosecutor is unable to discuss the BAC.
Our DWI defense attorney, therefore, filed a motion objecting to the introduction of the breath test. The Assistant District Attorney (ADA) argued that the patrol officer who was present during the chemical test was sufficient to vouch for the validity of the test and that the BAC level could be presented as evidence. Arguments on both sides of the motion to withhold the BAC level went back and forth in this particular case. Both sides of the case seemed to be arguing a unique legal argument, relying on both rules of evidence and the North Carolina laws governing procedures for chemical analysis.
In the end, the Randolph County judge agreed with the prosecutor and allowed the BAC level into court. The problem for the ADA, however, was that the ADA neglected to actually ask the officer about the BAC level during testimony in the trial. It seemed that the ADA was so pleased to have won the motion, that he completely forgot to ask the officer about the BAC, which being .19, would have certainly damaged the criminal defense in the DWI case.
Our defense lawyer won this case because the BAC level never came into court and without that crucial piece of evidence, the judge found in favor of our client. It turned out that the defeat of our DWI defense lawyer's arguments against allowing the BAC level into court without the chemical analyst's presence was but a small set back in the larger trial.
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.
For more information about the Roberts Law Group, see his criminal defense website and criminal defense blog. Patrick Roberts is a skilled criminal attorney who defends against sex crime charges, DWI charges and abuse charges, among others in Wake County. To contact criminal lawyer Patrick Roberts, please contact the law firm or call 866-630-2389 for a free consultation. Roberts Law Group can also be followed on Facebook at facebook.com/nc.criminal.defense.
North Carolina v. J.S.
Accusation: 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.