The short answer is that it is possible to have a DWI case dismissed in North Carolina before trial. However, pre-trial DWI dismissals are highly uncommon.
One of the most typical reasons for DWI charges being dismissed is that a significant amount of time has passed between the date of the charge and the day the defendant decides to deal with the case.
A valid traffic stop is a critical component in whether DWI charges will stick. Equally essential is the ability of law enforcement to describe the nature of the stop. The state will have no reason to continue if they can’t, and dismissal is acceptable. In some cases, such as this one, obligatory jail time can be avoided if adequate analysis is performed to obtain a DWI dismissal.
A successful request to suppress can potentially result in pre-trial dismissal. This motion is filed when a circumstance similar to the one described above happens. The state insists on going nonetheless. In other cases, more complex arguments can be made in a request to suppress, where law enforcement can present the case adequately. Still, defense counsel believes the defendant’s constitutional rights have been violated. These motions are also difficult to win.
North Carolina’s DWI laws can be harsh on people who are convicted. If you’re facing DWI charges in Asheville or the surrounding areas, contact an Asheville DWI attorney right away.
Filing pre-trial motions in your criminal case is one way of fighting DWI charges.
What Is a Pre-Trial Motion?
It is a document filed with the court that requests that the judge take particular actions in the criminal case of a defendant. They can be submitted by either the prosecutor or the defendant before a DWI case proceeds to a jury trial following the preliminary hearing. The court decided on a deadline for the submission of these motions.
Following the motion filing, the opposing party will have the option to file a written response. In most circumstances, the court will set a hearing so that both parties can explain their case before the judge reaches a judgment.
Should I File a Pre-Trial Motion?
Filing a pre-trial motion can be immensely beneficial when defending against DWI and other criminal accusations. If the request is granted, the charges may be dropped, or the prosecutor’s case may be severely damaged if the evidence used to show an individual’s guilt is not permitted to be used against them.
Commonly Filed Pre-Trial Motions in DWI Cases
The pre-trial motions that will assist someone charged with DWI will be determined by the circumstances surrounding their arrest and the defenses raised to defend the accusations. There are several different forms of pre-trial motions that can be filed. Here are a few examples of common ones that can be useful in these situations.
A suppression motion demands that particular evidence, such as a breathalyzer test or confession be suppressed as evidence against the accused. The foundation for this type of motion is frequently that the police did not follow particular processes, thereby infringing on the person’s constitutional rights. The following are grounds for a motion to suppress:
- During an unauthorized search, the proof was discovered.
- The cops had no justified grounds to stop the individual for DWI.
- The cops did not follow basic protocols while administering field sobriety tests or a breathalyzer test.
- Before confessing to driving while inebriated, the defendant was not read their Miranda rights.
- Police acted inappropriately, according to the motion.
Whether a person believes that the police did not act appropriately when they stopped and arrested them for DWI, they may be entitled to file a motion to review the officer’s personnel file to determine if there is proof that they acted in the same manner in the past. The following are examples of inappropriate behavior that could constitute the basis for this motion:
- Profiling or prejudice based on race
- Use of excessive force
- Arrest without warrant
- Possession of evidence against the accused
- Other criminal activity
The prosecutor and defendant are supposed to share evidence in DWI cases. Suppose the prosecutor refuses to turn over evidence. In that case, the defendant may file a discovery motion to compel them to do so. This is known as the discovery process.
A defendant can talk to their attorney to find out more about how to file a dismissal motion before having to appear in court. It could be filed for various reasons, including evidence destruction or a lack of adequate evidence to substantiate the allegations brought against a person.
Contact an Asheville DUI Lawyer Today!
If you are dealing with DWI, you will be at a significant disadvantage if you attempt to defend yourself in court. You should get a skilled DWI attorney as quickly as possible to defend you vigorously.
They can assist you in identifying potential defenses in your case. They will go over the prosecutor’s evidence against you and gather the proof you’ll need to back up your reasons. Your attorney will also advise you on what pre-trial motions you might be able to file and whether they can help you get the accusations against you dropped or reduced to a less serious offense.
Contact us for more details.