If arrested for a Huntersville DWI, your case is tried in Charlotte at the Mecklenburg County Courthouse. Don’t worry. We are Charlotte DWI attorneys and can help. We know you are here looking for answers. So we answer the most common questions now.
Get Your License Back
First of all, everyone needs their license to drive. When arrested for a Huntersville DWI, your license is suspended for 30 days. Consequently, the primary concern is getting it back. Here’s how we do it. Rather than waiting for a limited driving privilege (LDP), we file a DMV challenge to your suspended license. But you must file within 10 days of arrest. Once filed, the State of North Carolina is given up to 3 days to respond. However, in most cases, the State waives this right. Consequently, we can usually get your license back in 3-5 days. And, there are no other costs such as a substance abuse assessment or DMV fees. Finally, this is your license in full with no restrictions. Due to the time restriction, you must file promptly or incur the extra expense for a LDP. Once back on the road, let’s focus now on your DWI.
Huntersville DWI Defense Strategy
To win, the State must prove three things. We usually admit the first two (driving, on a public roadway). But not always. Instead, we fight the third element – driving while impaired? So how does the prosecution prove “impairment”? First, they can present a blood alcohol reading of 0.08 or greater. But any number can be challenged, especially if from a breath testing machine. And we do. Despite claims otherwise, every machine malfunctions and has a margin of error. Consequently, we suggest jurors trust what they see and hear on video.
Another option for the State is to show “appreciable impairment.” Because this term is difficult to define, police rely on “field sobriety tests.” Because these “tests” include an eye exam, walking a straight line, and standing on one foot, we mock them as unreliable “carnival feats.” While “divided attention” tasks may simulate driving skills, we focus on how our clients actually drive on video. Don’t trust a machine. Rather, trust your own common sense. In the end, we all know what “drunk” or “impaired” looks like. And sounds like. Juries don’t need to be told what they can see for themselves.
District Court First. Then Superior Court.
Your case begins in District Court. Here, a judge only decides all issues. As a result, we file motions if there are legal errors in your case. But we do not try cases on the merits in this arena. Rather, we prefer a jury trial in most cases in Superior Court based on video evidence. In our view, this is your best opportunity for a fair and impartial resolution of your case. Almost everyone has a particular view or position on life. And judges are people just like you and me. While some are former prosecutors, others are former public defenders. Guess which ones we prefer. In the end, we like a “group dynamic” to neutralize inherent bias. So how do we do that? We ask jurors to give you what they would want if facing a Huntersville DWI.