Can I Get My DUI Case in North Carolina Dropped Before it Reaches Court?

For most DUI defendants, the prospect of going to court is a daunting prospect. What if you could have your charges dropped before your case even reaches the trial stage? This is an obvious goal for virtually every DUI defendant, but how might you achieve it? If you want to pursue positive outcomes before the trial even begins, consider speaking with a DUI defense attorney in North Carolina. 

How are Charges Dropped Before a DUI Trial?

The court does not drop your charges. Instead, prosecutors must tell the court that they no longer want to pursue charges against you. They do this by filing a “nolle prosequi” notice with the court, and this Latin phrase translates roughly to “not wanting to prosecute.” Once prosecutors take this step, you can effectively walk free without going through a trial. Once the record of your arrest has been expunged by the court, it will be as if you were never arrested for DUI. 

You Must Convince Prosecutors to Drop Your Charges

Prosecutors will only proceed with your case if they think they have a solid chance of achieving a conviction. Therefore, your goal is to convince them that their chances of success are slim. Once they lose confidence, they’ll have no choice but to accept defeat and enter a nolle prosequi notice with the court. 

The real question is simple: How do you convince prosecutors that you’re going to win in court? This is something your lawyer may be able to help with, and they can attempt various strategies before your case even reaches the trial stage. 

Cast Doubt on the Evidence Against You

One strategy might involve casting doubt on the reliability or efficacy of evidence you will face in a trial. Prosecutors often rely heavily on one or two pieces of evidence in DUI cases. If you take away their ability to use this evidence, they may lose confidence in their ability to secure a conviction. 

Your lawyer might be able to convince the court not to accept or “admit” key evidence. For example, your lawyer could argue that the authorities violated a law when gathering this evidence. If you cast doubt on key evidence, prosecutors may have no choice but to drop charges. 

Make Prosecutors Aware of New Evidence

Alternatively, your lawyer could make prosecutors aware of new evidence that could be highly advantageous to you during a potential trial. When prosecutors see this evidence, they may realize that their chances of success are slim. This could change their perspective and force them to drop charges. For example, your lawyer could find video footage that proves the initial traffic stop was unlawful. 

Can a North Carolina DUI Defense Attorney Help Me?

A North Carolina DUI defense attorney may be able to help if you want to have your charges dropped before your trial begins. The first thing you need to realize is that this is always possible, regardless of what prosecutors or anyone else tells you. Explore this topic in more detail by contacting Coastal South Law today.