Being charged in Statesville, North Carolina with driving while impaired (DWI) or driving under the influence (DUI) can mean jail time and court fines, loss of driving privileges, increased insurance rates, employment consequences, and financial uncertainty. These issues are magnified by the fact that DWI / DUI law is one of the most complex areas of criminal law in the State of North Carolina.  At Minick Law, our Statesville DWI lawyers will guide you through the legal process every step of the way.

CALL now to speak with our Statesville DWI lawyers.

• Can I beat a DWI?
• Can my DWI be dismissed or reduced?
• Criminal consequences of  a DWI
• How will a DWI impact my driver’s license?
• DWI limited driving privilege
• Explanation of an alcohol assessment
• Impact of a DWI on your job or school

The volume of DWI/DUI charges in Statesville has increased drastically
 in recent years due in large part to increased efforts to train law enforcement officers to identify and investigate impaired drivers. Arrests for DWI / DUI in Iredell County (including the City of Statesville) have totaled over 950 in 2011, over 850 in 2012, and nearly 700 in 2013. The number of DWI / DUI arrests in Statesville for 2014 are expected to exceed 2013 totals.

Recent changes in North Carolina law have made it easier to prosecute DWIs / DUIs in Statesville and have imposed harsher penalties for those convicted of a North Carolina DWI / DUI.

At Minick Law, our Statesville DWI lawyers have adapted to these changes and are ready to defend your case.

How to Challenge Breathalyzer and Field Sobriety Test Results in Court

Challenging the results of breathalyzer and field sobriety tests in court can be a complex process, but with the right approach, these results can be contested effectively. Here’s how:

Challenging Breathalyzer Test Results

1. Question the Device’s Accuracy:

   • Calibration Issues: You can argue that the breathalyzer was not properly calibrated. Regular maintenance and calibration are crucial for accurate readings.
   • Device Malfunctions: Present evidence that suggests the device may have been faulty or unreliable at the time of testing.

2. Examine the Testing Procedure:

   • Officer Error: Scrutinize whether the officer followed proper protocol. This includes ensuring the defendant did not eat, drink, or burp within the required time before the test.
   • Improper Training: Question whether the officer was adequately trained to use the breathalyzer device.

3. Assess the Influence of External Factors:

   • Medical Conditions: Certain medical conditions, like acid reflux or diabetes, can affect breathalyzer results.
   • Contaminants: The presence of mouthwash, cough syrup, or other substances that can interfere with the device’s readings.

Challenging Field Sobriety Test Results

1. Examine the Officer’s Observations:

   • Officer’s Subjective Judgment: Argue that the officer’s observations were subjective and could have been influenced by preconceived notions.
   • Environmental Conditions: Highlight any adverse conditions such as uneven road surfaces, poor lighting, or inclement weather that might have affected test performance.

2. Physical or Medical Impediments:

   • Physical Limitations: Show that the defendant has physical limitations or medical conditions that could hinder performance, such as injuries or vertigo.
   • Non-Standard Testing Conditions: Argue that the testing was not conducted under standard conditions, making it difficult to obtain reliable results.

3. Documentation and Video Evidence:

   • Request Footage: If available, request video footage from the officer’s patrol car or body camera to dispute the results.
   • Review Reports: Thoroughly review police reports for inconsistencies or inaccuracies in documenting the test process.

By raising these points, you can create reasonable doubt regarding the validity of the breathalyzer and field sobriety test results. Always consult with a skilled attorney for a tailored defense strategy.

 

The Importance of Presenting Exculpatory Evidence in a DWI Case

In a DWI (Driving While Intoxicated) case, presenting exculpatory evidence can significantly affect the outcome. Exculpatory evidence refers to any information that might exonerate the defendant or prove their innocence. It plays a crucial role for several reasons:

1. Challenging the Accusations: This type of evidence can directly counteract the claims made by the prosecution, weakening their case. By systematically dismantling the evidence against the defendant, a lawyer can create reasonable doubt.

2. Strengthening the Defense: Presenting such evidence enriches the defense’s narrative, potentially revealing flaws in the investigation or lapses in the prosecution’s argument. It helps to illustrate a broader, more accurate picture of the circumstances surrounding the alleged DWI.

3. Legal Requirement: In many jurisdictions, the prosecution is legally obligated to disclose any exculpatory evidence they encounter. This requirement ensures fairness in the legal process and prevents wrongful convictions based on incomplete or misleading information.

4. Influencing Sentencing and Negotiations: By introducing evidence that suggests innocence or mitigating factors, defense attorneys can sway judges or juries towards a more favorable verdict or sentence. Additionally, it can be a powerful tool in negotiations for plea bargains, potentially leading to reduced charges or penalties.

5. Preservation of Rights: Upholding the right to a fair trial is paramount. The presentation of exculpatory evidence preserves this right, ensuring that defendants are not railroaded by incomplete or biased presentations of the facts.

Conclusion

In a DWI case, presenting exculpatory evidence is not merely beneficial; it is a fundamental aspect of a robust defense strategy. Whether it involves demonstrating inaccuracies in breathalyzer results, uncovering witness bias, or presenting alternative theories, this evidence is key to pursuing justice and protecting the defendant’s rights.

Common Defenses Used in DWI Cases

Facing a DWI charge can be daunting, but there are several strategies that can be employed to challenge such allegations. Here’s a breakdown of some typical defenses:

1. Questioning Breathalyzer Reliability
   The accuracy of breathalyzer devices can often be contested by analyzing maintenance records, calibration history, or operator errors.

2. Challenging Field Sobriety Tests
   Field sobriety tests are not foolproof. Their validity might be contested by highlighting factors like poor lighting, adverse weather conditions, or physical impairments that could affect performance.

3. Suppressing Unlawfully Obtained Evidence
   Evidence gathered through an illegal search and seizure can be excluded. A motion to suppress such evidence may be filed if it can be shown that rights were violated during the process.

4. Scrutinizing Police Reports
   Cross-examining officers about inconsistencies or inaccuracies in arrest reports or other documentation can reveal flaws in the prosecution’s case.

5. Presenting Exculpatory Evidence
   Identifying and presenting evidence that supports the defendant’s innocence is crucial. This could include eyewitness accounts, surveillance footage, or any data that contradicts the prosecution’s claims.

By utilizing these defenses, individuals may find a pathway to mitigate or dismiss charges in DWI cases. It’s always recommended to seek legal advice from a qualified attorney to navigate these complex scenarios effectively.

Your Statesville DWI Lawyers

Putting forth the best defense often requires looking at your case from the perspective of the Statesville DA. With the Raleigh police focusing increasingly on making DWI arrests, the stakes are higher than ever for those facing such charges. Navigating this landscape demands a legal team with a deep understanding of both the law and law enforcement tactics.

Our Statesville DWI lawyers are a legal team which includes an attorney with 12 years of experience as a police officer. This unique insight allows us to anticipate and counter the strategies used by the prosecution effectively. In a state where so many lawyers are available, choosing one with specialized experience becomes critical.

Moreover, our Statesville DWI lawyers are also required to attend the National Highway Traffic Safety Administration’s (NHTSA) 24-hour DWI/DUI Detection and Standardized Field Sobriety Test (SFST) Course. This is the same training received by many officers that charge DWI/DUI in Statesville, equipping our team with the same foundational knowledge.

In an environment where the focus on DWI arrests is intensifying, having a lawyer who knows both sides of the courtroom can make all the difference.

Our Statesville DWI lawyers leave no stone unturned in the search for evidence helpful to your defense, which can include:

• Speaking to the investigating officer
• Obtaining police reports
• Locating and investigating witnesses
• Obtaining photographs of the arrest scene
• Reviewing relevant medical records
• Examining available video evidence (including video from the Iredell County jail).

Beyond gathering evidence, our team employs a variety of strategic legal actions to challenge the prosecution’s claims:

• Breathalyzer and Field Sobriety Tests: We scrutinize the accuracy and administration of these tests, challenging any discrepancies or inaccuracies that may arise.

• Suppression Motions: If evidence was gathered unlawfully or is irrelevant, we file motions to suppress it, ensuring only fair and just evidence is considered.

• Negotiating with Prosecutors: Our attorneys are skilled negotiators, often working toward a plea deal that reflects the true circumstances of your case.

• Critical Examination of Reports: We question officers about the details in police reports and other submitted evidence, aiming to uncover inconsistencies.

• Presenting Exculpatory Evidence: When available, we present evidence that may prove your innocence or mitigate circumstances, strengthening your defense.

By combining a thorough investigation with robust legal strategies, we work tirelessly to ensure that your rights are protected and that you receive the most favorable outcome possible.

Legal Actions a Defense Attorney Can Take in Unlawful Search and Seizure for DWI Cases

1. Challenge the Legality of the Search: A defense attorney can contest whether the search that uncovered evidence of driving while intoxicated (DWI) was conducted lawfully. If it’s established that the search was illegal, any evidence obtained through it may be rendered inadmissible in court.

2. Motion to Suppress Evidence: Attorneys can file motions to omit any evidence gathered during an unlawful search. This step aims to prevent such evidence from being used at trial, arguing it violates constitutional rights.

3. Question Probable Cause: It’s critical for attorneys to evaluate the probable cause that led to the search and seizure. They can argue that the law enforcement lacked sufficient grounds for the search, potentially dismissing the charges if successful.

4. Examine Search Warrants: If a search warrant was involved, the attorney might scrutinize its validity and the specific scope for which it was issued. Any deviations from the warrant’s stipulations can be grounds for suppressing evidence.

5. Assessing the Arrest Procedure: The defense can review how the arrest was conducted to ensure that all legal protocols were followed. Any discrepancies might be used to argue against the legitimacy of the search incident to the arrest.

By taking these actions, defense attorneys work to ensure their client’s rights are protected and that only legally obtained evidence is presented in court.

What Steps Should You Take Right After a DWI Arrest to Enhance Your Legal Options?

Facing a DWI arrest can be daunting, especially if it’s your first encounter with the legal system. However, taking prompt action can significantly influence the range of legal options available to you. Here’s what you should do immediately:

1. Contact a Criminal Defense Attorney: Upon arrest, your first priority should be reaching out to a skilled criminal defense attorney. Their expertise can provide guidance through the intricacies of the legal process and help build a strong defense strategy tailored to your case. Many law firms offer a free initial consultation, so take advantage of any available resources to find the right representation for you.

2. Document Everything: As soon as possible, write down every detail you can recall about the arrest. Include the time, location, interactions with law enforcement, and any other relevant observations. This information can be crucial for your attorney in crafting your defense.

3. Understand Your Rights: Familiarize yourself with your rights during this time, including the right to remain silent and the right to legal counsel. This knowledge can prevent you from inadvertently compromising your situation.

4. Follow Legal Advice: Once you’ve retained a lawyer, follow their advice meticulously. They can guide you on the steps necessary to protect your interests, which may include attending mandatory hearings, completing substance abuse assessments, or enrolling in educational programs.

5. Gather Supporting Evidence: Work with your attorney to collect any evidence that may support your case. This could include medical records, witness statements, or any relevant video footage from the incident.

By taking these immediate steps after a DWI arrest, you can better position yourself to explore all available legal avenues. Remember, swift and informed action is key to navigating this challenging situation successfully.

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Because Minick Law understands that a DWI / DUI charge can disrupt your life, our Statesville DWI lawyers guide you through the legal process and know how to obtain favorable results. Visit our North Carolina DWI Center to find answers to your questions.

Client Relationship

At Minick Law, one of our Statesville DWI lawyers will personally meet with you from the very beginning of the attorney-client relationship. We believe that effective DWI / DUI representation cannot be accomplished without excellent client communication. At any time during or after your case, we can meet with you to discuss your DWI / DUI charge. Our Statesville DWI lawyers will keep you apprised of all developments in your case.

“I have dealt with other lawyers in the past and found that the majority of them are very polite at first but after you contract them they become very hard to get a hold of and in some instances downright rude. James Minick, however, was very courteous throughout the entire process of my court case, and I was able to easily get a hold of him to discuss any of my questions or concerns regarding my case.” – Evan Baird – See More Testimonials

Contact One of Our Statesville DWI Lawyers Now

If you have been charged with DWI / DUI in Statesville your first step should be to CALL our Statesville Office Now. 

Our Statesville DWI lawyers are standing by to speak with you about your case.