Another Weekend in Charlotte, Another DWI Checkpoint

Another weekend in Charlotte brings another DWI checkpoint. Mecklenburg Police Department set up a DWI/DUI checkpoint near the Southpark area at Park Road & Archdale. The Charlotte Observer reported that 67 citations were issued and 16 people were arrested for DWI. The checkpoint ran from 11 pm to 3 am.


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Summer Has Arrived

As the summer weather arrives this weekend, so have the Mecklenburg County DWI Checkpoints. In the past 48 hours, police have conducted two separate DWI checkpoints. CMPD set up a checkpoint off Remount Road on Thursday night that resulted in 12 DWI arrests. Last night a checkpoint was conducted off of WT Harris Blvd. 14 DWI citations were issued. According to the article, these checkpoints are the beginning of a series that will run through Memorial  Day weekend.


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DWI Checkpoints in Charlotte

CMPD conducted two DWI/DUI checkpoints in the past 48 hours, one in the South Charlotte area on South Tryon/Highway 49. This location is close to my office. Several things caught my attention about this checkpoint. First, it was strategically placed to make it very difficult to turn around without law enforcement seeing it very easily. The legal issue raised is whether the police have grounds to initiate a traffic stop of a person after they have turned away from a checkpoint. Also, this location is very close to several drinking establishments- The Town of Ayrsley, where my office is located, is very close to the location of one of the checkpoints and has several restaurants/bars that serve alcohol. The checkpoint ran from 11am-3 am, peak times when people leave bars to go home.

Safe to assume with spring arriving, more checkpoints will be set up throughout spring and summer months. Drive Safely.


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An App For Everything

It appears there is a cell phone app for just about everything. There is an app on the market that notifies cell phone users of DWI checkpoints in the local area. I read about this feature in a recent article in the USA Today. Several US Senators were not pleased about this new technology and sent a letter to major cell phone manufacturers asking them to disable the feature. So far only one company, Research In Motion, has responded to the request.

Technology continues to be an ongoing factor for police- USA Today ran an article several months ago on the effects of twitter on DWI checkpoints. Police contend these social networking sites sabotage their efforts to combat drunk driving. However, some police departments are using social networking sites, including Facebook to highlight certain DWI cases.




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North Carolina DWI/DUI- Fourth of July Operation Firecracker

Do you have plans for Fourth of July? The North Carolina Department of Transportation does- Operation Firecracker, a week long crack down on impaired driving in North Carolina. If you are in Wilmington, NC tomorrow and don't have plans, you can attend the media event for Operation Firecracker!

Included in the Booze and Lose It campaign, Operation Firecracker is stepped up enforcement against DWI drivers in Mecklenburg County. During the Fourth of July holiday weekend in 2009, North Carolina Troopers charged 1,340 people with DWI. This number does not include Charlotte Mecklenburg's Police Department arrests for DWI that same weekend. Here is a link to News14 Carolina story on Operation Firecracker.

Drive safely this weekend. Call a cab or have a designated driver. Interestingly enough, the 1,340 number cited by state troopers is the number that were charged, not convicted. Be aware that troopers/police officers will arrest people below .08, it happens all the time. So even if you believe you are below a .08, use one of the unreliable drink wheels that says you are under .08, don't get in the car. The stakes are too high.

DWI/DUI Dismissed by Judge in Mecklenburg County

People often ask me the question "How do I get my DWI/DUI dismissed?". That is a very complicated question that has no straightforward answer. However, there are different avenues a defense attorney will use to get to that end. Sometimes, the district attorney will have proof problems with their case- they didn't have all the witnesses, there were problems with the breath or blood test, the officer did not have probable cause to arrest, the DWI checkpoint in Mecklenburg County did not satisfy constitutional standards. I could go on for a long time about problems within a DUI/DWI investigation. The important point is that a defense attorney must have a strategy to get a DWI dismissed, they must know the correct motions, they must analyze the evidence, object to certain evidence and testimony, and they must be ready to go to trial. The District Attorney does not regularly dismiss DWI's. They would rather take them to trial and let a judge decide.

I had a driving while impaired case in Mecklenburg County go to trial this week. I won that case. The judge granted my motion to dismiss at the conclusion of the State's case. I would love to say that it was my incredible trial skills that won that case- it wasn't. I simply prepared my case, made objections and held the State to their burden of proving their case beyond a reasonable doubt.

My client's breath test was a .23, almost triple the legal limit. I filed the correct motion putting the State on notice that they would need to bring the witness who administered the breath test to court to testify. If this motion is not filed, the State does not have to bring that witness to testify at trial. Moreover, if this motion is not filed in a timely manner, the defense has waived the right to object to the admission of the breath or blood test. At trial, the State did not present the officer who gave the breath test. I opposed the State's motion to continue. The judge denied the State's motion to continue. They had to take that case to trial that day or dismiss.

By the way, if any defense attorney guarantees that they can get your case dismissed, be very weary. That is unethical. Not every DWI case is dismissed, not every case is won at trial. Defense attorneys will lose cases. However, win or lose, every good defense lawyer should be able to tell themselves that they have done everything they could for their client at the conclusion of their case.

Gaston County DWI/DUI Checkpoints- A St. Patrick's Day Celebration

For those of you who celebrate the Irish and are looking forward to St Patrick's Day- celebrate with caution in Mecklenburg and Gaston County. According to the Charlotte Observer, the Gaston County Police Department is in the middle of an eight day crackdown of DWI/DUI drivers and unlicensed drivers in Gaston County. The checkpoints started Friday night and will continue through the week.

As a former prosecutor and now criminal defense attorney in North Carolina, I can unequivocally state that having a designated driver or a cab company's phone number programmed into your cell phone is the best option. Do not depend on the luck of the Irish to get you home this week. The cab fare of $50 may seem a bit steep at the time, but the costs of a DWI are much higher. If you go the designated driver route, some bars such as Freeman's Pub on main street in Gastonia are offering free appetizers and non alcoholic drinks to designated drivers.

CMPD DWI Checkpoints

Charlotte Mecklenburg Police were out in force last night. According to the Charlotte Observer, CMPD set up a DWI Checkpoint at the 600 Block of East 7th Street near North McDowell Street. After issuing 40 charges, including 12 DWI arrests, CMPD closed up shop.

DWI Checkpoints cannot be set up on a whim. They must adhere to strict constitutional standards set forth by not only the North Carolina appellate courts, but also the US Supreme Court. Interestingly enough, DWI checkpoints have different guidelines than a simple general license checkpoint. If you were arrested as a result of a DWI checkpoint or any checkpoint set up by a police department, it is important that you have an attorney review your case. I had a case dismissed based upon a lack of probable cause to arrest by CMPD resulting from my client being stopped at a license checkpoint.

Go to Jail for A DWI in North Carolina?

If you or a loved one are facing a DWI, you are probably asking yourself if the possibility of going to jail exists. If going through the arrest process, spending time at the county jail, waiting for your bond to be posted,  getting your vehicle back, and telling family and friends about the incident isn't already enough, you now are asking if you will go to jail for a DWI in North Carolina.

The punishment for a North Carolina DWI will vary from serving no jail time to substantial jail time. A number of the following factors will affect your sentencing:
* whether you have a prior dwi offense
* The breathalyzer or blood alcohol result
* If you had a child in your car under 16 years of age at the time you were arrested
* Your prior driving record
* If you have completed a substance abuse assessment

In North Carolina there are 5 levels of sentencing for a DWI. Depending on a number of factors, including those listed above, will dictate what level you are at and what punishment awaits you.
Level 5: 24 hours to 60 days in jail
Level 4: 48 hours to 120 days
Level 3: 72 hours to 6 months
Level 2: 7 days to 1 year
Level 1: 30 days to 2 years

Before you start to panic, there are many things that can be done to prevent you from going to jail. Many DWI cases are flawed. The District Attorney must proved each element beyond a reasonable doubt. Did the officer see you driving? Did the officer have probable cause to arrest you? Did the officers violate the 4th Amendment when they stopped you at the DWI checkpoint? Were the proper field sobriety tests given? Was the breath machine working properly? Did the District Attorney give you proper legal notice that they were going to admit your breath results at trial? These are only some of the questions that must be answered before a person considers admitting guilt to a DWI in North Carolina. Don't throw the towel in yet- there is a lot that can be done to make sure your rights are protected.

If you ultimately decide to admit guilt, it is important that you are prepared for sentencing. North Carolina has aggravating and mitigating factors that a judge must consider at sentencing. A mitigating factor, like a clean driving record for a period of time or obtaining a substance abuse assessment prior to sentencing, can help decrease your ultimate punishment. An attorney can ask that your jail time be 'suspended', meaning not imposed if you abide by your probation terms. If you have prior DWI's and are facing substantial jail time, an attorney can ask the judge to allow you to serve your jail time in a residential treatment facility where you can continue to work.

DWI Checkpoints in Charlotte this Labor Day Weekend

Labor Day weekend is here, summer is officially coming to an end. The usual Friday morning hustle was ending earlier than usual at the Mecklenburg County Courthouse this morning. If you are heading out of town this weekend, watch your speed. According to the article in the Charlotte Observer today both the North Carolina and South Carolina Highway Patrol are going to "aggressively enforce the speed laws" according to Highway Patrol Commander Col. Harry Glover. A hot spot of activity should be the NC/SC state line where I77 and I485 meet.
http://www.charlotteobserver.com/topstories/story/927297.html

The Booze it and Lose it campaign  celebrates its 15th year anniversary this Labor Day weekend and is in effect through September 7th. Cabarrus county has a DWI/DUI checkpoint scheduled for Saturday night following up the one they held last Saturday night on Highway 49 in Harrisburg. Here is a link to the article on the hot spot of DWI activity in Cabarrus County on News14 Carolina.
http://news14.com/content/top_stories/613650/checkpoint-focuses-on--hot-spot--of-dwi-activity/