DWI Defense and How We Fight Cases | Charlotte DUI Lawyers
How We Fight DWI Cases
Because criminal cases represent a fight between the State and the person charged, we fight hard. We have to. After all, is the State versus the individual charged. Furthermore, that’s what our clients expect. But DWI defense is also a process. And it is a process that takes time. Rather than quick answers, there are several steps and stages. However, once we have everything, we review your case from beginning to end. Furthermore, we always remember the State has the entire burden of proof. Most importantly, you are innocent until proven guilty beyond a reasonable doubt. Under our laws, you have to prove nothing. Instead, the State has to prove everything. If the State cannot prove their case, you are not guilty. That’s how our justice system works.
DWI Defense Process
First of all, we demand all State’s evidence. More specifically, we want the investigating and/or arresting officers’ reports. In addition, we also want all video evidence at the roadside and breath testing location. Today, Charlotte-Mecklenburg Police Department (CMPD) vehicles are now equipped with video recording equipment. From our experience, video evidence is often key in defeating DWI cases. Most importantly, video takes away the “he said, she said.” And jurors judge guilt on what they actually see on their own. Finally, we interview all witnesses, including the arresting officer. Once satisfied that we have everything, we do a careful and thorough review. Then, we sit down with you in our office.
Pre-Arrest Clues of Impairment in DWI Defense
Once an officer suspects impaired driving, there are procedures to follow. Under NHTSA guidelines, specific “clues” and interactions are recorded at different stages of the investigation. From the manual, there are Vehicle in Motion, Personal Contact, and Pre-Arrest Screening protocols. As part of this training, officers must be thorough and accurate in their reports. If the officer does not follow procedure correctly, we argue that the arrest was improper. Even if the case is not dismissed, we use inconsistencies or errors in procedure to show “reasonable doubt.”
Video Evidence in DWI Defense
Probably the most effective evidence for both sides is video. Almost certainly, it is changing DWI prosecution and defense in North Carolina. Before video, the officer’s word ruled the day. But now with video evidence, juries can see things for themselves. Since everything is out in the open, there is less chance for error. In fact, video makes it unnecessary for persons charged to take the stand. Rather, all relevant conduct is preserved for the jury to see in effective “real time.” What could be more fair?
Breath Testing in DWI Defense
In addition to video evidence, the State also uses breath test BAC results to prosecute. But just how reliable are breath test results? Despite testimony otherwise, they are still just “machines.” Because they are machines, we know machines have a “margin of error.” And that is when they are brand new, right out of the box. Furthermore, wear and tear take their toll over time, and machines become even less reliable. Hence that’s just the way machines work. Or don’t work. Regardless, video evidence often supports or questions BAC results. Almost everyone has been around someone drinking too much. Consequently, we know what “drunk” looks like and sounds like. Consequently, if we don’t see it on the video, we argue that is reasonable doubt.
Once we finish our full investigation, we then sit down with you and review your options. First of all, we go over the good and bad parts of your case. Next, we answer your questions. Then, once you have full information, you decide how you want to proceed. Whether you want a trial or think it better to plead guilty, we work for you. Because it is always your decision, we never pressure you in any way. Since every situation is different, you know what is best for you and your family. Consequently, we always respect your choice and will be there for you to the end. So call us now and let’s start your defense.