An out of state prior DWI or DUI conviction can frequently rear its ugly head in a North Carolina DWI sentencing hearing. Does the prior conviction aggravate or grossly aggravate the sentence? Only if the trial judge finds as a matter of law that the out of state offense involving impaired driving is substantially similar to North Carolina’s impaired driving statute. In today’s episode we take a deep dive into how substantial similarity is determined and arguments that the defense can make during a sentencing hearing.
Highlights:
Uncover why focusing on substantial similarity can make a huge difference in your practice given the frequency of this issue popping up.
Learn how to use the rule of lenity in arguing that another jurisdiction’s impaired driving statute is not substantially similar to North Carolina’s DWI laws.
Discover the statutory framework and key cases related to “substantial similarity” in North Carolina and find out why knowing this framework gives you a huge leg up in a sentencing hearing.
Hear how the state should be arguing this issue and how to hold a ADAs accountable to their burden on this front.
