Charlotte DWI and Reckless Driving Charges Dropped

In August 2016, the North Carolina State Highway Patrol charged a Browning & Long, PLLC client with Driving While Impaired (DWI), Reckless Driving, and Failure to Comply with License Restrictions in Mecklenburg County. The Trooper alleged that after consuming several beers at a Charlotte, North Carolina restaurant, our client caused an accident by rear-ending a car while traveling north on I-77 on his motorcycle. The accident resulted in our client being thrown from his motorcycle and suffering injuries to his head, face, arms, and legs.

The Trooper’s Impaired Driver Investigation

Upon arriving on scene, the Trooper stated that she noticed a faint odor of alcohol coming from our client’s breath and that he had red glassy eyes, was unstable on his feet, and had to use his arms for balance. As a result, the Trooper decided to initiate a DWI investigation. Specifically, she had our client perform multiple Standardized Field Sobriety Tests, including the Horizontal Gazed Nystagmus (HGN), Walk and Turn (WAT), and One Leg Stand (OLS). According to the Trooper, our client showed every possible indicator of impairment on each of these three tests; that is, 6 of 6 clues on the HGN, 8 of 8 clues on the WAT, and 4 of 4 clues on the OLS. The Trooper also indicated that the Preliminary Breath Test (PBT) that she administered to our client tested positive for alcohol. As a result, the Trooper arrested Browning & Long, PLLC’s client for DWI, among other charges. Upon arresting our client, the Trooper had him submit a breath sample in an attempt to determine his breath alcohol concentration (BAC). The result was 0.08, the amount the State of North Carolina considers a person to be legally impaired for DWI purposes.

The Trial

During trial on these charges, the State ran into several issues.

First, the State was unable to admit the Trooper’s findings from the HGN test. Statute states that the results of a HGN test are admissible as evidence if administered by a person who has successfully completed training in HGN. However, Browning & Long, PLLC demonstrated that the Trooper did not apply the principles and methods learned during her HGN training reliability to the facts of this case. The judge agreed, and consequently, did not allow the Trooper to testify to such results.

Second, the judge agreed with Browning & Long, PLLC’s argument that no weight should be given to the results of the WAT and OLS. To this point, the attorney argued, first, that much like the HGN test, the Trooper also failed to properly administer these two tests, and second, that even if the Trooper did properly administer the WAT and OLS, they were unreliable based on the head and leg injuries that our client suffered during the accident; that is, his injuries were the result of any clues the Trooper observed, not his impairment.

All Criminal Charges Dismissed

After the trial concluded, the DWI, Reckless Driving, and Failure to Comply with License Restrictions charges brought by the Trooper were dropped. As a result, Browning & Long, PLLC’s client not only avoided the potential consequences listed above, but also the numerous other collateral consequences and hardships that come with a second DWI conviction.

If you or a loved one has been charged with Driving While Impaired, contact our attorneys at Browning & Long, PLLC to set up a free consultation to discuss the specific facts of your case.

Client’s Potential Consequences of a DWI Conviction

Due to a prior impaired driving conviction, Browning and Long, PLLC’s client was facing much more serious potential consequences than a first-time offender. More specifically, at the DWI Sentencing phase of the trial our client would be facing the following if convicted:

• Level Two DWI
• 12 Months Imprisonment
• $2,000 Fine
• Four-Year Driver’s License Revocation
• Alcohol Abstinence as Verified by Continuous Alcohol Monitoring (CAM)
• 240 Hours of Community Service
• Court Ordered Substance Abuse Assessment and Treatment