North Carolina Defense Lawyers Ready To Contest Any Aspect Of Your DWI Charges
It is critical to work with an actual trial attorney when contesting DWI charges. There are plenty of attorneys who get famous and wealthy pleading every client guilty, but a knowledgeable attorney who isn’t afraid to go to trial can find potential defenses in DWI cases that you may not have known you had. In Greensboro and throughout Guilford County, you can find the help you’re looking for by contacting Aberle & Connolly, PLLC. Our two attorneys bring more than 30 years of combined legal experience to each case and client. They take a wholistic approach to addressing your charges and the impact those charges will have on your life.
Every aspect of your DWI charges should be scrutinized and can be challenged. Our lawyers like to break these defenses up into four categories: the stop phase, arrest phase, total evidence phase and other defenses. Each is described below.
The Stop Phase
You have a 4th Amendment right to be free from unreasonable searches and seizures. That means that a police officer can’t stop your vehicle without reasonable suspicion that a crime is being committed. When an officer pulls you over illegally, everything after the illegal stop can be suppressed under the exclusionary rule. Suppression means that the evidence of impairment can’t be used in a trial against you. One common example of this is when a police officer tells you that you committed a traffic violation but the video shows otherwise. We will obtain copies of video when it is available to determine whether your car was stopped legally or not. In the event that the stop was illegal, we will file a motion to suppress the evidence and your case could get dismissed.
The Arrest Phase
While the police only need reasonable suspicion to stop your car, they need to meet a higher standard of probable cause to place you under arrest. Sometimes an officer stops you for a traffic violation but places you under arrest before properly developing probable cause that you were driving while impaired. An experienced attorney who is familiar with the ways law enforcement officers are supposed to conduct field sobriety tests can argue that there is no probable cause when the tests are conducted improperly or not conducted at all. Sometimes an officer takes too long to develop probable cause and the evidence can be suppressed for that reason, too.
Total Evidence Phase
The most obvious defense in any criminal case is whether there is evidence sufficient to convict beyond a reasonable doubt. We make sure we interview every police officer, view all of the body-worn camera footage, and examine the results of every field sobriety test and chemical test in your case to determine whether there is enough evidence for the prosecutor to convict. In some instances, even if the trial survives a motion to suppress, we may still be able to keep out evidence of a blood alcohol test, which can significantly increase your chances of winning the case.
Other Defense Options And Arguments
There are several other defenses that may also be available, including, but not limited to:
- Necessity and duress
- Having a witness denied to you during the breath test
- Being denied your right to a speedy trial
- Having an improper bond imposed
The specific options available and the potential effectiveness of each will depend on the facts of the case. Our attorneys will help you understand all of your rights and legal options after meeting with you in a free consultation.
Get Started With Your Free Initial Consultation – Contact Us Today
From our office in Greensboro, Aberle & Connolly, PLLC, serves clients throughout Guilford County and the surrounding areas of North Carolina. If you’ve been arrested for drunk driving, we urge you to contact our firm to learn how our attorneys can help you during a free initial consultation. To get started, call us at 336-900-5452 or reach out online.