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Roberts Law Group, PLLC
North Carolina Criminal Defense Attorneys
We FIGHT to Get Results
We FIGHT to Get Results

Drunk Driving/DUI Case Results

We have handled over 4100 cases in the last 10 years.
Here are just a few examples of the results we've obtained...

Not Guilty on All Counts

  • Charges: Driving While Impaired (N.C. Gen. Stat. 20-138.1) & Reckless Driving
  • Facing: 60 Days in Jail; 1 Year License Revocation; Possible Adverse Immigration Consequences
  • Result: Jury Verdict of Not Guilty on All Counts
  • North Carolina v. G.M.: Our client, who was living and working lawfully in the United States on a temporary work visa, was charged with DWI and Reckless Driving after a vehicle occupied by he and his fiancé collided with a tree near the client's mother's apartment complex. The police, who arrived over an hour after the accident occurred and after the car had been moved to another location, took the statement of my client that he was driving the car and was alone at the time of the accident. The client failed standardized field sobriety tests (SFST's) and blew 0.14 g/210 L on a post-arrest breath test - almost twice the legal limit of .08. At trial, we presented compelling evidence that our client was not actually the person driving the car, and the jury agreed - returning a unanimous NOT GUILTY verdict on all counts after only 6 minutes of deliberations.
  • Attorney: KMM

Prayer for Judgment Continued

  • Charges: Misdemeanor Death by Vehicle (N.C. Gen. Stat. 20-141.4(a2)) & Infraction Failure to Yield
  • Facing: 60 Days in Jail and 1 Year Revocation of Driver's License
  • Result: Prayer for Judgment Continued (PJC)
  • North Carolina v. J.G.: Our client was charged with the Class A1 offense of Misdemeanor Death by Motor Vehicle after he failed to yield on a left turn and collided with an oncoming motorcycle, ultimately resulting in the death of the motorcycle rider. We demonstrated to the Court that our client had a spotless driving history, had absolutely no bad intent whatsoever, and he never saw the oncoming motorcycle as he turned directly into the setting sun during his evening commute home from work. The judge granted our client a PJC, saving his privilege to drive and resulting in no punishment.
  • Attorney: KMM

Charges: Driving While Impaired (N.C.G.S. § 20-138.1)

Facing: 60 Days in Jail and One Year License Revocation
Result: Dismissed for lack of Probable Cause

North Carolina vs. D.D. - Our client was charged with Driving While Impaired after being pulled over by the State Highway Patrol on Glenwood Avenue in Raleigh for Speeding and blowing a 0.09 on the Intox EC/IR-II device after arrest. We filed a Motion to Dismiss for lack of Probable Cause, arguing that our client's 4th Amendment rights were violated by an illegal arrest and specifically pointing to obvious flaws in the administration of the Horizontal Gaze Nystagmus (HGN) test. The judge agreed that there was insufficient evidence of impairment and dismissed the case.

Attorney: KMM

Charges: Federal DWI (Felony) (N.C.G.S. § 20-138.1 as assimilated by 18 U.S.C. § 13)

Facing: 3 Years in Federal Prison
Result: Probation after charge reduced to a Misdemeanor

United States of America vs. D.J. - Our client was charged with a Federal Driving While Impaired offense based on alleged impaired driving at Ft. Bragg. When our client initially came to us, she was charged with a felony and was looking at the possibility of up to three years in federal prison. After successfully arguing at the sentencing hearing in U.S. District Court that the crime charged was in fact a misdemeanor under the Assimilated Crimes Act, our client was sentenced to probation without receiving a single day in jail.

Attorney: KMM

Charges: Driving While Impaired (N.C.G.S. § 20-138.1)

Facing: 60 Days in Jail and One Year License Revocation
Result: Not Guilty

North Carolina vs. M.C. - Our client was pulled over by officers of the Wake Forest Police Department for failing to stop at a stop sign. He was arrested for DWI after his admission to consuming alcohol and after the officers administered road side field sobriety tests which they said he failed. After being taken to the jail, he blew a .08 on the Intox EC/IR-II device. After we used the dash-camera video of the field tests during trial to argue that there was insufficient evidence of impairment to corroborate the .08 breath test result, the judge agreed and found our client not guilty of DWI.

Attorney: KMM

Charges: Driving While Impaired (N.C.G.S. § 20-138.1)

Facing: One year in Jail
Result: Not Guilty

North Carolina vs. J.T. - Our client was found unconscious, bleeding, and slumped over the steering wheel of his running vehicle by officers of the Windsor Police Department in Bertie County. He was arrested after officers smelled a strong odor of alcohol and determined that he failed any attempt at field sobriety testing. Ultimately, he blew a 0.18 on the Intox EC/IR-II device at the jail. After presenting a successful "necessity defense" at trial in which we presented compelling evidence that our client only drove his vehicle a short distance to escape a vicious assault by another man, our client was found not guilty of DWI.

Attorney: KMM

Charges: Driving While Impaired (N.C.G.S. § 20-138.1)

Facing: 60 Days in Jail and One Year License Revocation
Result: Dismissed for Lack of Reasonable Suspicion

North Carolina vs. J.L. - Our client was pulled over by the Raleigh Police Department for failing to signal on multiple occasions as he changed lanes on I-40. He was later arrested for DWI and blew a .09 on the Intox EC/IR-II device at the jail. We filed a Motion to Dismiss for lack of Reasonable Suspicion, arguing that our client's Constitutional rights were violated by the traffic stop in the absence of any statutory traffic violation. The judge agreed and dismissed the case.

Attorney: KMM

Charges: Driving While Impaired (N.C.G.S. § 20-138.1)

Facing: 60 Days in Jail and One Year License Revocation
Result: Dismissed for a Knoll violation

North Carolina vs. J.SC. - Our client was arrested and charged with DWI after he allegedly side-swiped a parked vehicle and blew a .09 on the Intox device. We filed a Motion to Dismiss for a violation of our client's right to be observed by counsel and friends during the critical time period after the administration of the breath test, which is set out in a case called State v. Knoll. The Court found that the magistrate did violate our client's rights by delaying his release unnecessarily, and the case was dismissed - saving our client's promising career in the military.

Attorney: KMM

Charge: DWI (N.C.G.S. § 20-138.1)

Facing: 2 months
Result: Dismissed

North Carolina v. B.R. - Our client was charged with a DWI after blowing a .08 on the EC-IR II. We filed a pre-trial motion to dismiss based on an unconstitutional driver's license checkpoint. The DWI charge was dismissed.

Attorney: APR

Charge: DWI (N.C.G.S. § 20-138.1)

Facing: 2 months
Result: Dismissed

North Carolina v. H.C. - Our client was charged with a DWI after blowing a .10 on the EC-IR II. We filed a pre-trial motion to suppress based on the lack of reasonable suspicion to stop our client. The motion was granted and the DWI charge was dismissed.

Attorney: APR

Charges: Felony Death by Vehicle (N.C.G.S. § 20-141.4), and DWI (N.C.G.S. § 20-138.1)

Facing: 64-91 months
Result: Supervised probation with a suspended sentence of 51-74 months

North Carolina v. R.H. - Our client hit and killed a motorist when he was driving while impaired. He blew a .23 on the EC-IR II. Our client pled guilty to Felony Death by Vehicle. At sentencing, we successfully argued for a probationary sentence. Our client received 48 months of supervised probation with a suspended sentence of 51-74 months.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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."

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

Attorney: APR

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.

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