Roberts Law Group Client’s DWI Charge Dismissed

RELEASED: Nov. 29, 2010

RALEIGH, NC - Raleigh criminal lawyer Patrick Roberts successfully obtained a dismissal of a Driving While Under the Influence (DWI) charge in a Wake County Criminal Court. After a challenge to certain circumstantial evidence in the case, including a challenge to the field sobriety test administered by the arresting officer, the Wake County District Attorney's Office determined that the case was flawed. The charges against Mr. Roberts' client were dropped.

According to Mr. Roberts, a criminal lawyer with the Roberts Law Group PLLC, the dismissal was based on the fact that the state could not establish whether the driver was impaired while he was operating the vehicle and that the officer improperly evaluated the field sobriety test. The driver collided with an object in the officer's presence after the officer asked him to move his vehicle. It was alleged that he collided with an object before his encounter with the officer. He subsequently drank heavily at home after parking his vehicle in a manner that blocked his neighbor's ability to use their parking space. The officer then arrived and ordered the driver to move his car.

Even though the driver had a .13 Blood Alcohol Content (BAC) level at the time when he encountered the officer, Mr. Roberts carefully analyzed the circumstances of the arrest to find a way to challenge the case. He looked for weaknesses in the state's case in an effort to get the dismissal of the North Carolina DWI charge. Mr. Roberts argued that the officer's conclusions from the field sobriety tests were inconclusive. He also argued that the officer's observations did not justify his client's arrest.

"The key to this case was challenging the circumstantial evidence and having a good understanding of case law that deals with the definition of driving under North Carolina DWI law," Mr. Roberts said.

Mr. Roberts used to be a prosecutor in North Carolina where he prosecuted hundreds of DWI cases on behalf of the state. As a criminal lawyer, Mr. Roberts has taken a 24 hour National Highway Transportation Safety Administration (NHTSA) course on standardized field sobriety tests. His knowledge of North Carolina DWI laws and field sobriety techniques has proven a strong asset in the court defending against Raleigh DWI charges. Mr. Roberts is a member of the prestigious National College for DUI Defense, Inc.

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.