Taking Your DWI Defense to Trial in North Carolina
People facing drunk driving charges should realize that there are ways to defeat the prosecution's case. You might have a strong defense at trial even through you blew a high number after a DWI arrest. To learn about your legal and strategic options for resolving a North Carolina DWI case on favorable terms, contact Greenville criminal defense lawyer Matt Davenport for a free initial consultation.
We know how to find the weaknesses in the case against you
At the Law Office of Matthew J. Davenport, DWI defense represents an important focus of our practice. We have a detailed understanding not only of the most effective defenses in particular situations, we also know that obtaining convictions in DWI cases isn't as easy for the government as you might think.
In order for you to be found guilty of driving while intoxicated under North Carolina law, the state must prove its case beyond a reasonable doubt. Although the legislature recently passed a law that a blood alcohol reading over .08 percent should support a "mandatory presumption" of guilt, Matt Davenport argued at trial that this rule violates the state and federal constitution. The issue is presently upon appeal, and is the first challenge to the presumption component of the statute.
If there's a strong defense to present at trial, we'll find it
There are two main approaches to DWI defense in North Carolina. The first has to do with the circumstances of your arrest, and involves highly technical legal questions as to what the officer saw to support a reasonable suspicion of drunk driving, or the facts alleged to provide probable cause for the arrest. We usually handle these issues at a pretrial hearing, and our goal is dismissal of the case.
The other main approach has to do with the evidence of impairment, which will usually be based on blood alcohol concentration results from a Breathalyzer or Intoxilyzer test. In many cases, we can find irregularities with the operation or maintenance of the machine or the training of the operator. If we can give the jury a reason to doubt the accuracy of the toxicology evidence against you, it increases the odds of winning your case.
Our DWI trial experience can give you a definite advantage in court
Greenville criminal defense attorney Matt Davenport tries about two DWI cases every week. This shows several important features of our practice that you should keep in mind in choosing a lawyer:
- We're not afraid to try cases, and therefore won't pressure you into a guilty plea
- We know how to present evidence in a variety of DWI defense situations
- We know the prosecutors and judges of Pitt County very well, and know exactly what to expect in court
- We have presented seminars on new DWI defense techniques for lawyers
We advise and represent first offenders, people with prior DWI or DUI convictions, people from out of state, underage drivers, college students, commercial drivers and anyone who needs help resolving a drunk driving charge.
For a free consultation about your legal options, contact the Law Office of Matthew J. Davenport in Greenville.