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Can I get my DWI charges thrown out?

If you’ve been arrested and charged with an offense involving “drunk driving,” we think it’s a really good idea to have a Charlotte DWI lawyer standing by your side in court.  CAN I GET MY DWI CHARGES THROWN OUT>

The consequences of a possible conviction are such that you should begin your defense without delay.

Good decisions are predicated on obtaining good information.

And when it comes defending a charge of Driving While Impaired, sound legal advice requires preparation, hard work, and a dogged dedication to detail.

No one plans on getting arrested for DUI

With Uber and Lyft, the public perception is that DWI in Mecklenburg County is a thing of the past.

While the overall number of DWI arrests in Charlotte may have decreased, impaired driving accidents and fatalities continue to make the headlines in the news.

There are substantial negative consequences if you’re found guilty of DWI charges.  Those include more than just administrative action by NC DMV – Bill Powers, Charlotte DUI Lawyer

We believe it is imperative to begin your DWI defense immediately.

You’re doing the right thing, studying-up on Mecklenburg County Lawyers who handle DWI charges.

We encourage you to do your homework.

Put simply, check us out.

You may benefit by reading our Guidebook to Navigating the DWI DUI Legal System in North Carolina.

Bill Powers at the Powers Law Firm PA is well-known throughout North Carolina for his representation and advocacy of people facing serious criminal charges.

He an advocate for justice, legal education, and effective trial advocacy.

Lawyer of the Year 2020 DUI/DWI Defense Charlotte – Best Lawyers®

For more information on the membership requirements and criteria for inclusion in “Best Lawyers,” “Super Lawyers,” and “Best Law Firms,” check out our page Awards, Accolades, and Qualifications.  

As it pertains to DWI charges in Charlotte, there are several very important “first steps” to take regarding your NC DMV driver license and preserving your legal rights in court.

You may be eligible to get your license back other than through the traditional process of obtaining a Pre-Trial Limited Driving Privilege, alcohol assessment, DL-123, and work hours documentation.

Some clients are eligible to file a legal challenge to the civil, administrative suspension pursuant to N.C.G.S. 20-16.2.

Clearly, each case is different and challenging any legal matter in court requires the proper application of the NC DWI laws and meeting eligibility requirements.

If your license is already revoked or suspended by NC DMV, if you refused the Breathalyzer, if you possess an out-of-state drivers license, or if you have a Commercial Driver’s License (CDL – Class A, Class B), your DWI defense attorney will want to carefully review the nature and circumstances of the arrest before providing legal advice.

It frankly can all be a bit complicated.  That’s one reason we recommend you call Bill Powers now: 704-342-4357

I spend my days helping people.  Whether it’s fighting a Motion to Dismiss in court or just meeting with clients, answering questions, it’s our goal to provide focused, compassionate legal representation – Bill Powers, NC Driving While Impaired Lawyers

I have a clean record.  Will they dismiss my charges?

Every client is different, just like every DWI charge in Charlotte has unique, individual aspects of the case involving its prosecution in court.

Having said that, clients sometimes ask some surprisingly similar questions.

Human nature is what it is.

No one wants to be convicted of DWI in North Carolina.

The consequences for a conviction of “drunk driving” may involve more than just a social stigma or embarrassment at work or with friends and relatives.

There are very real implications to your NC DMV driver’s license and insurance points.

If this isn’t your DWI first offense or if a Grossly Aggravating Factor is present, the NC DWI Laws can be harsh.

The Court (the Judge entering the judgment or  “sentence”) may also impose things like the Costs of Court, Community Service, Community Service Fees, Fines, Probation, and mandatory compliance with an Alcohol Assessment and recommended treatment.

As such, almost immediately, people charged with DWI start looking for ways to have their charges dismissed or thrown out of court.

That’s understandable.

Unfortunately, to the question, “If I have a clean record can I get my charges dismissed?” the answer is generally, “No, prosecutors don’t dismiss DWI charges in Charlotte because you have a clean record.”

That’s also true for getting DWI charges reduced to a reckless driving or something other than a conviction for driving while impaired.

The lack of a prior criminal history or NC DMV driving record, while helpful in sentencing, generally does not serve as a legitimate legal basis for a dismissal of DWI charges in Mecklenburg County.

Of course, that presupposes a conviction that DWI lawyers seek to avoid, if possible.

It’s a good idea to be careful not to confuse equity in sentencing with whether legal defenses exist to achieve a dismissal by the Court.

Our team of criminal defense lawyers determine whether a valid case exists for prosecution, develop a theory of the case, and advocate for clients and their constitutional rights.  Cases get dismissed because of the law, legal arugments, and helpful fact patterns, not because you’re a nice person or who you know – Bill Powers, Criminal Defense Attorney 

So while a clean record doesn’t in-and-of-itself necessarily merit a dismissal or getting your charges dismissed, there may still be valid legal defenses to even tough DWI charges in Charlotte.

An active, zealous approach to DWI defense includes asking:

  1. Was there Reasonable Suspicion for the traffic stop?
  2. Was there Probable Cause to Arrest?
  3. Were Field Sobriety Tests administered in a fair, unbiased fashion?
  4. If a statement was obtained, were Miranda Rights properly given?
  5. Were breath tests done correctly?
  6. Did you refuse the Breathalyzer? 

Bill Powers – Charlotte DWI Defense Attorneys

If you have questions about your case, we offer a complimentary consultation for criminal charges including felony and misdemeanor allegations.

Call Charlotte DWI Lawyer Bill Powers.  704-342-4357

Bill Powers’ email address is:  Bill@CarolinaAttorneys.com

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