Charlotte DWI Checkpoint Case Dismissed by Judge
Charlotte DWI Checkpoint Case Facts
In August of 2017, the North Carolina State Highway Patrol conducted a DWI checkpoint in Charlotte, North Carolina, near South Boulevard and I-277 Outer. According to the checkpoint plan authorizing this particular checkpoint, the checkpoint was to begin at 10:00 PM and Troopers were tasked with stopping every vehicle that passed by, checking each driver for his or her license, insurance, and registration information.
As Browning & Long, PLLC’s client was traveling south on South Boulevard out of Charlotte, he made a turn prior to the area where the DWI checkpoint was to be conducted and onto I-277 Outer. Upon seeing this, a North Carolina State Trooper followed said client and stopped him for evading a checkpoint and running a red light. After stopping this Browning & Long, PLLC client, the Trooper had him conduct various Standardized Field Sobriety Tests, including the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One Leg Stand (OLS). Additionally, our client consented to a Portable Breath Test (PBT), which indicated that alcohol was present in his system. Based on this evidence, the Trooper arrested this Browning & Long, PLLC client for Driving While Impaired (DWI). Once arrested, our client submitted to a breath test that indicated his blood alcohol concentration (BAC) was greater than or equal to the 0.08 legal limit.
Once contacted and retained by our client, the attorneys at Browning & Long, PLLC engaged in a thorough investigation surrounding the facts of this case. This investigation included a client interview, questioning of the arresting Trooper, review of the case file, a site evaluation, and examination of the Trooper’s in-car camera. After completing this investigation, the attorneys at Browning & Long, PLLC requested a hearing to contest the stop of their client.
DWI Pre-Trial Hearing in Charlotte
During the pre-trial hearing, the State argued that the Trooper had grounds to stop our client for two reasons. First, they claimed that he ran a red light. Second, they asserted that even if he did not run a red light, he evaded a checkpoint. Assuming they were correct, either reason would give the Trooper a lawful reason to stop this Browning & Long, PLLC client.
The attorneys at Browning & Long, PLLC argument was twofold as well.
First, they argued that their client did not run a red light. In support of this argument, the attorneys demonstrated numerous inconsistencies in the Trooper’s testimony, including the fact that the Trooper was 35 to 40 yards behind the backside of the traffic light that he claimed our client ran. As a result of this, it was not possible for the Trooper to see whether the traffic light was green or red.
Second, the attorneys at Browning & Long, PLLC argued that their client did not evade a checkpoint because a checkpoint was never established. This argument was assisted by the fact that within a minute of our client being stopped, five separate Troopers arrived on scene, five to seven Troopers where standing around, Troopers were still placing their patrol cars in designated positions, other cars were driving through the area where the DWI checkpoint was to be conducted without being stopped, and no DWI checkpoint signs were set up.
Charlotte DWI Checkpoint Case Dismissed
After hearing arguments from the State and Browning & Long, PLLC, the presiding Judge agreed with our attorneys and ruled that the Trooper did not have valid grounds to stop our client, not for running a red light, and not for evading a checkpoint. As a result, the charges our client faced for Driving While Impaired in Charlotte, North Carolina were dismissed.
Because of this, our client did not face jail time, did not have to pay court costs and fines, did not have to complete community service, did not have his driver's license suspended, and will be able to have this DWI charge erased from his criminal history with an expungement.