DUI Lawyer Charlotte NC

Criminal defendants expect the legal system to deliver fairness. Our courts are designed to deliver legal compliance with the laws of the State of North Carolina, our state constitution, and the US Constitution, not necessarily fair results or what some facing criminal charges might believe is just or true “justice.”

A prosecutor can legally offer a favorable plea to one defendant while demanding jail time for another charged with a very similar offense. Absent obvious discrimination based on protected characteristics or clear constitutional violations, prosecutorial discretion is substantial.

Judges can sentence different defendants to vastly different outcomes based on judicial and sentencing philosophy, the timing of the case, or simply how the Court (the Judge) interprets the factual recitation. They, too, possess substantial discretion in entering a judgment and sentencing someone to jail or prison.

Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing to submit to breath and/or blood testing.

At the center of willful refusal proceeding is a hearing officer who effectively handles both the role of prosecutor—by eliciting evidence—and the role of judge—by deciding if your license will be revoked.

The stakes can be significant because a loss at the DMV hearing level may lead to a revocation lasting well beyond any criminal charge, even if the underlying DWI charge is cleared by dismissal or a not guilty verdict after a trial.

Articles Tagged with DUI Lawyer Charlotte NC

Legal But Unfair: Why some people go to jail and others don’t

DMV Willful Refusal Hearing in North Carolina: Key Issues and Legal Concerns