DWI / DUI Lawyer Mocksville NC
If you have been charged in North Carolina with Impaired Driving, DUI, DWI or other alcohol related driving offense(s) do not panic. It is not the end of the world, although if this is the first time you have been charged with a crime then I am sure it does feel like it. Immediately contact a dwi defense attorney such as Jon Welborn to advise and fight for your rights. Some possible defenses may be waived if not timely initiated so do not delay. Call now!
Jon Welborn is a Criminal Defense Attorney Mocksville NC
Drunk driving convictions have serious consequences
Other DWI defense attorneys may only spend fifteen minutes during an initial consult however I often expend around one hour for an initial driving while impaired consult. First of all we will discuss the specific facts of your case. I will explain to you in detail the most vulnerable weaknesses in the State’s case against you. Driving while impaired is a serious offense but initially do not overly concern yourself about the long term effects of how a DWI traffic conviction is going to change your life.
If you have been charged with impaired driving or DUI / DWI, then call now to set up a free consult with a DWI Defense Attorney at (336) 751-0207
The court process is slow so there will be plenty of time to think about the consequences if you are convicted. It is likely to take several months or even years for your case to be resolved. At this point, you should focus your energy on finding an experienced criminal DWI trial attorney, such as me, to answer your questions, advise you as to what to expect, and zealously defend your constitutionally protected rights.
Criminal Attorney Mocksville NC: How to beat a impaired driving DUI / DWI charge?
Defending criminal charges such as operating a motor vehicle while subject to an impairing substances can be a difficult task even for the most seasoned of dwi defense attorneys like Jon Welborn. Difficult does not mean impossible and with the right legal representation from an experienced litigator you substantially improve your odds of prevailing in court.
DWI Defense Attorney Case Analysis
To examine DWI defenses, a DWI defense attorney initially examines a few main parts of the case that primarily occurs before the driver is placed under arrest.
- Was the traffic stop constitutional? First we must examine is to determine the legality of the traffic stop of your vehicle. We will discuss whether the officer’s stop of your vehicle was justified by probable cause or reasonable, articulable facts that would support a reasonably cautious officer to conclude there was a substantial likelihood criminal activity was afoot. If the officer testifies to having witnessed a “rule of the road” violation such as speeding or running a stop sign, then the traffic stop would most often be deemed constitutional.
Was the arrest lawful? Did probable cause to arrest exist? The second phase we will analyze is whether the officer had probable cause to arrest. This is defined as “a reasonable ground of suspicion supported by sufficiently strong circumstances to warrant a cautious man in believing the accused to be guilty. Most often the State will put forth evidence by way of investigatory Standard Field Sobriety Tests that have been utilized by the officer. Those seemingly silly tests where a person is requested to walk a line or stand on one foot are not just to make the accused embarrassed they may see someone they know while performing such on the roadside. Field Sobriety Tests are tools the Officer use to gain additional and often damning evidence against the accused impaired driver.
Read more about DWI detection and field sobriety testing challenges here.
Limited driving privilege: Pre Trial and if necessary, after conviction
During our initial conversation Jon can determine whether you may be eligible for a pre-trial limited driving privilege that would allow you to get a driving privilege on the 11th day after you were charged for work related/household maintenance purposes. Otherwise you will not legally be able to drive until 31 days after the date of being charged. On the 31st day your license is not automatically reinstated either. You will need to go to the Clerk’s Office, pay a reinstatement fee, and sign to have your license returned to you.
NC DWI Defense Attorney Welborn will be able to determine if time is of the essence for the issuance of subpoenas. Often times it is very important to request early on for the production of certain items, records, documents. For example, if there are law enforcement videos from their dashboard cameras then the sooner we request them; the less likely something happens preventing their production. Some agencies do not have policies that require the officers / agency to maintain the videos until resolution of the case. Instead they may be deleted or overwritten upon whenever the disk / drive become full. I have prevailed on Motions to Suppress solely because the video did not corroborate what the officer remembered has occurred.
Impaired Driving DUI / DWI Punishment
DWI sentencing can be very complex and vary greatly based upon the facts of the individual case. An experienced DWI Defense Attorney such as Jon Welborn will explain sentencing to you so you will know the likely outcome if you are convicted of DWI.
NC Driving While Impaired Sentences for offenses committed after December 1, 2012 are classified in 6 punishment levels. In short they are classified into these categories by certain grossly aggravating, aggravating, or mitigating factors.
written by Jon Welborn
Jon is an experienced trial attorney with over a decade litigating a variety of cases in all NC Trial Courts.