Being charged with a Driving while Impaired (DWI) offense is a serious and complex matter in North Carolina. Those who are charged with DWI face serious consequences like jail time, license suspension or revocation, or both.
Sometimes, technicalities or errors made by the State can result in a person not facing any serious penalty associated with offenses like driving while under the influence of alcohol (DUI). As TheNewspaper.com reports:
The North Carolina Court of Appeals ruled last week that a motorist charged with serious driving crimes cannot go for more than three years without a trial. It was on June 26, 2010 that Winston-Salem Police Officer Richard Necessary arrested Steven Glenn Bryan on Jonestown Road for driving without a license while under the influence of alcohol (DUI). His car was impounded.
Bryan was prepared to go to trial on his case, but prosecutors consistently delayed. Eight continuances were granted over Bryan’s request for a speedy trial. Finally, district court Judge Chester Davis judge became fed up on August 31, 2011 and signaled his intention to dismiss the case. The state appealed, kicking off a series of judicial findings that further slowed the process.
In other cases though, prosecutors make an extra effort to pin down locals who are charged with DWI and to ensure that there are no delays in the process that could lead to a case dismissal. As a result, those facing DWI charges should prepare for the likely consequences. While cases may be dismissed because prosecutors cannot get witnesses to come to court, or for lack of a speedy trial, the vast majority of DWI charges are resolved through trial or plea. In such a situation, people charges with DWI will benefit from enlisting the services of an experienced Raleigh DWI lawyer to protect their legal rights.
People who are charged with DWI in North Carolina automatically have their driver’s license suspended for 30 days, but they have an opportunity to obtain limited driving privileges after the first 10 days of the 30-day suspension period. Individuals qualify to get their full license back from the County Clerk of Court after the 30-day suspension period, and they can keep driving as usual until their case is fully resolved.
If you or someone you know has been charged with driving while intoxicated, a qualified Raleigh DWI attorney can help them determine their eligibility for limited driving privileges both before and after conviction. The requirements also include an active insurance and a court-filed substance abuse assessment from a certified agency, which a lawyer can help procure.
Facing a DWI charge in North Carolina means dealing with a lot of important details. However, these complexities can be gracefully managed by those facing a DWI charge if they seek help from a trusted attorney with the Kurtz & Blum, PLLC.
(Article Excerpt and Image from North Carolina Throws Out DUI Case Over Prosecutorial Delay, TheNewspaper.com, November 5, 2013)
