Can I Get My North Carolina DWI Dismissed if I Have No Priors?
DWI charges in North Carolina are not to be taken lightly. Some people may mistakenly believe that they do not need to retain legal help for their DWI if they have had a clean record previously, however, that is not the case. While a clean driving record may increase your chances of receiving a lighter penalty or even a plea bargain from the prosecution, it is not likely to have any impact on dismissing your case. Additionally, a clean record alone will not do the work for you. You will need an experienced criminal defense attorney to advocate for you and argue that because of your lack of priors you deserve a lighter sentence, or who will work out an alternative deal with the prosecution. Note that these alternatives are not the same as a dismissal.
Getting Your Case Dismissed
In order to get your case dismissed, you must generally be able to show that your constitutional rights were violated. A lawyer can help you to do this by thoroughly reviewing the facts and circumstances of your case. Your lawyer will consider the circumstances under which you were pulled over and whether the officers had probable cause to do so. They will also look at whether you or your vehicle was subject to an illegal search or seizure. If you were placed under arrest without being read your Miranda rights or without being made aware of your right to speak to an attorney, these can also be grounds for a dismissal. Additionally, there may be issues with the chain of custody with regard to the evidence that the prosecution seized in the case, or procedural issues in testing your blood or urine that would make it unreliable as evidence. In all of these situations, your lawyer may move for a dismissal. It is important to understand that even if these issues are present in your case, it is highly unlikely that the prosecution will draw attention to them or self-police to ensure the process of your arrest was just. While in some cases the prosecution may dismiss cases where they are aware that it has deficiencies that it will not be able to overcome in court, this realization and decision is also generally aided by pressure from your attorney. In other words, you should never assume that it is safe to sit back and let the system work for you. The only people working for you in that courtroom will be you and your lawyer, and the sooner that your lawyer can begin working to review all available evidence, the more likely they will be able to find a basis for dismissing your case or reducing your charges to a less serious offense that will have less long-term consequences for you.
Schedule a Consultation with Coastal South Law Today
If you are facing DWI charges in North Carolina, the best time to fight them is now. Contact the experienced criminal defense and DWI attorneys at Coastal South Law today to schedule a consultation and find out how we can help you get the best possible outcome in your case.