Was Your Arrest Done Properly?

When you are facing a DWI charge in North Carolina, you need an experienced criminal defense lawyer who knows the ins and outs of the law. You need someone trained to find the weak points in the prosecutor’s case against you. McGuire Law Firm can help you. Call today to engage the services of a criminal defence lawyer.

Prosecutorial Discretion

  • According to the UNC School of Government blog, as a result of the increase in DWI arrests in Wake County, have created a trend where prosecutors and judges more discretion about what cases to pursue and this trend could be seen statewide soon.
  • There are many reasons a prosecutor may decide that a case is not worth pursuing.
  • High among these reasons is the lack of proper procedure. Here are some examples of procedures that should be followed.

You Have the Right to a Witness

  • Along with reading you your Miranda rights, police officers are required to inform you of your right to a witness.
  • Under North Carolina law, you have the right to have witnesses to your undergoing the breathalyzer test.
  • If you have a witness (in the building for example) but they are denied access to you, you can argue the Ferguson Motion that this right was violated and you case may be dismissed.

Thirty Minute Rule

  • Your witness has thirty minutes to arrive at the police station.
  • If you know that your witness can’t make it, it is still a good idea to take that thirty minutes.
  • If your blood alcohol content is borderline, this 30 minutes might make a big difference in the rest of your case.