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Charlotte Law Blog

How to Get DUIs Dismissed in Charlotte

On behalf of Randall & Stump, PLLC in DUI/DWI on Thursday, September 5, 2019

 

Being pulled over for driving while impaired can be stressful for anyone. You are facing very serious charges that, in addition to being criminal, could have a number of collateral consequences. Furthermore, it’s common for people in this situation to be uncertain about how to protect their rights while also mounting a defense to have their cases dismissed. It’s important to act quickly and seek a skilled DUI defense lawyer without delay. DUI charges are not prosecuted lightly under North Carolina law, and the district attorneys will use their vast resources in your prosecution. Our firm has represented many people who have been charged with DUI in the Charlotte area. We understand how your case can impact every aspect of your life, and how crucial it is to put up a strong defense.

Contact Randall & Stump, PLLC to speak with one of our experienced DUI attorneys. We know that each DUI arrest is unique, and we understand how important a dismissal can be for you and your family. Call our office in Charlotte today at (980) 237-4579.

Your Defense Against A DUI Must Begin As Soon As Possible

Successfully having your case dismissed requires action being taken immediately after your prosecution begins. North Carolina law requires that your driver’s license be immediately suspended after a DUI arrest. However, this can soon be overturned in order to allow for you to have full or limited rights to drive again while your case is pending. An administrative hearing conducted by the Department of Motor Vehicles takes place within days after your arrest, should the request for the hearing be submitted within the time restrictions.

Having a lawyer present at this early stage can make a great difference in mounting your defense. Maintaining your right to drive may be extremely important to your ability to earn a living or attend school. Furthermore, an early administrative hearing can allow for your lawyer to begin building a strong defense for your upcoming DUI court hearings.

Even in cases where a DMV hearing is not requested to challenge the 30 Day Civil Revocation of your North Carolina driving privileges, being granted limited driving privileges can be made easier if the following are demonstrated:

  • You do not have any other current DUI charges beside the current arrest in question
  • You have completed a Substance Abuse Assessment by a certified education center
  • You possessed a valid driver’s license at the time of your arrest

A Lawyer May be Able to Build A Strong Case For Having Your DUI Charge Dismissed

Many people believe that a DUI arrest will result in an automatic conviction, which will greatly disrupt their lives. This is not true, and there are many instances when DUI arrests are dismissed or evidence that is crucial to the State’s case is suppressed/excluded at trial. However, every case is unique, and you will need an experienced lawyer who understands how dismissals are successfully won. The prosecutor has many resources, and they are often very aggressive as they pursue a conviction. Your legal counsel must know how to investigate every detail of your case if you are to prevail.

A dismissal can be secured by proving your innocence, demonstrating that your rights were violated, that there were crucial errors committed in the investigation, or a showing a number of other issues exist that weaken the State’s case. Our attorneys have worked on many DUI cases throughout the Charlotte area and the State of North Carolina. We understand how to gather all necessary evidence from law enforcement, witnesses, and other first responders. Your case can be dismissed before or during trial if your lawyer can convince the prosecution or court of one of the following:

  • There was no probable cause to arrest you – Law enforcement officers must be prepared to clearly explain why they stopped you in the first place. Failing to do so may result in your case being immediately dismissed.
  • Your Standardized Field Sobriety Tests were administered improperly – A physical roadside test, such as a walk-and-turn test, must be done according to legally accepted standards. Being subjected to an improper test can result in a guaranteed failure even if you are completely sober.
  • Police rushed your breath test – Police conducting a breath test at the police station must observe you for at least 15 minutes before requesting that you submit a breath sample. Failing to do this can result in a breath test that yields inaccurate results.
  • Police mishandled your blood or urine sample – A tainted biological sample can very easily give a wrong reading when police test it for alcohol content. Labs must make sure that they do not allow outside substances to interact with your blood or urine samples.
  • Equipment used to test your sobriety was not properly maintained – Breathalyzers, blood devices, and other lab equipment are sensitive. Being left unclean or poorly maintained can result in errors when measuring the presence of alcohol.

A Lawyer From Randall & Stump, PLLC Can Help After A DUI Arrest

DUI arrests result in very serious charges, and they can have a great impact on your life. However, it’s important to understand that it may be possible to have your case to be dismissed. Our DUI attorneys have helped many clients throughout North Carolina. We understand that a suspended license and conviction can have a great impact on your life. Fortunately, we also know how to protect your rights through every part of the DUI court process. It’s necessary to contact skilled legal counsel without delay after an arrest. The prosecution will try and build a strong case against you. Building a strong defense can take time, and therefore we encourage you to call your attorney as soon as possible.

Contact Randall & Stump, PLLC to speak with a knowledgeable Charlotte DUI lawyer about your arrest. We know how important it is for you and your loved ones to clear your name and move on after being charged with a DUI. Call our office today at (980) 237-4579.