While drunk driving accidents have been on the decline in the past few years, drunk driving is still a major problem in the United States and a leading cause of car accidents. The most recent statistics released by the National Highway Traffic Safety Administration show that approximately 28 people die in car accidents every day […]
DWI Arrest
When you meet with a DWI or DUI attorney at Rosensteel Fleishman that attorney will always want to review the specific facts of your case with an eye toward trial. At Rosensteel Fleishman we believe that in order to really evaluate a case and advise the potential client properly you have to have an in-depth interview. The interview has to be a conversation, if the attorney does all the talking then he may miss a key fact that may aid in your defense.
One of the first thing our experienced Charlotte DUI attorney will due upon meeting a client (the defendant) is examine the factors that went into the DUI arrest. Most of those factors have to do with the events before the arrest for drunk driving. The lawyer will examine the defendant’s driving, their performance of the field sobriety tests, and physical appearance when they were arrested. These factors are relevant prior to arrest, and not relevant after arrest. Many of these factors examine whether the officer had probable cause to make an arrest. This article examines fighting your case based on actions taken by the police after the arrest.
In Charlotte, Mecklenburg County one of the factors we believe all DUI lawyers should ask a client about is the amount of time that he or she was held after the arrest for drunk driving. This information is particularly relevant because holding a person for a long period of time after the arrest negatively impacts a person’s ability to gather information for the defense of the charge. The North Carolina Supreme Court has held: “When one is taken into police custody for an offense of which intoxication is an essential element, time is of the essence. Intoxication does not last….if one accused of driving while intoxicated is to have witnesses for his defense, he must have access to his counsel, friends, relatives, or some disinterested person within a relatively short time after his arrest.”
The rationale is behind the holding is clear, if a person is denied access to his witnesses for a long period of time after his of her arrest, then the only witnesses to the crime are the police officers and jailers who are detaining him. The Supreme Court made it clear that it would not: “assume both the infallibility and credibility of the State’s witnesses as well as the certitude of their tests.” For this reason the Court has found in some cases that the detention of a person cited with a North Carolina dwi violates the individual’s Due Process rights under the United States Constitution. Thus, dependent upon the length of the detention and a number of other factors, the judge on a given case is sometimes forced to dismiss the case based upon the Constitutional violation. While this is considered a drastic remedy, it is sometimes warranted, and even necessary under the law.
In order to win a case on an issue like this you need to recognize the issue in advance, file a specific motion based on statute and case law, and argue the motion in front of the court. This takes a thoughtful experienced lawyer who is willing to go the extra mile in preparation and defense. At Rosensteel Fleishman, we pride ourselves on being an example in zealous advocacy for DWI charges.
After discussing your case with an experienced and seasoned DUI defense attorney of Rosensteel Fleishman you rights will be made clear to you as well as potential avenues to fight your Charlotte DUI charge. For this and many other reasons it is important that you contact an experienced DUI attorney at Rosensteel Fleishman, to handle your North Carolina DWI/DUI.
Additional DWI Articles
Wined and Fined: Good Samaritan Charged with DWI
I. You Will Need a Lawyer Just because someone has had drinks, does notautomatically mean that the law should rest on their shoulders and result in an automatic conviction. That is partly why, under North Carolina law, a series of safeguards have been adopted. These safeguards often rely on, and are helpfully followed, by experienced […]
Drinking While Working: Can Workplace Culture Lead to Company Liability?
I. Working While Impaired It is a sobering crisis. We cannot say for sure just exactly how many people drink during work hours, and then drive a vehicle within a short period of time after leaving the restaurant or bar. Often, it requires help from a car accident attorney to see if this drinking is […]
Talking PC: Probable Cause and Flawed Police DWI Arrest
I. PC for DWI An experienced Charlotte criminal trial attorney is aware of the unique place that DWI charges can play in North Carolina courts. There’s no doubt that the public generally supports crackdowns on DWI offenses in North Carolina. But here’s the news flash: as important as DWI is, to maintaining public safety, it’s […]
