Because DWI is so serious, everyone just wants it to go away. Rather, they want their DUI dismissed if at all possible. While North Carolina DWI laws are very tough, that is our first priority as well.
DUI Dismissed is the goal but hard to get in NC
Although every police car in the country has video cameras, only South Carolina has mandatory video recording laws. So what does this mean to you? Even though police have cameras, they don’t have to record anything. Rather, video seems to be for protection against lawsuits versus preserving evidence. However, isn’t the burden of proof always on the State? And if they have to prove you guilty beyond a reasonable doubt, shouldn’t they have to present video evidence? Surprisingly, even in the age of video everywhere, the State still relies on police officer testimony. Unfortunately, until juries start demanding more, that seems to be enough for now. But we as citizens should expect more to convict in a criminal case.
Because NC DWI laws are so rigged in favor of the State, getting a DUI dismissed is very hard. In fact, the only real strategy is to fight the reason for stop and/or probable cause to arrest. And even those legal issues are difficult after recent case law. So in many cases, the best strategy is to try to mitigate or minimize the harm.
So how do you mitigate a NC DWI?
Once we evaluate whether the State has a case, we next turn to getting the best punishment level we can. So what can you do here? First, we recommend a substance abuse assessment and recommended counseling. Because you will have to do this anyway, it is best to complete before your plea. Rather than have to do community service and counseling, it is easier to just have one left to do. In addition, the judge will count it as a mitigator in sentencing. As a result, if you have any aggravators, this will offset them. Furthermore, it will help you time wise as you only have 30-60 days usually to finish everything. Consequently, it is a “two bird” situation. And in the end, it can lower the number of community service hours as well as your fine.