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 though 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.
Finding Weaknesses in the Case Against You
At the Law Office of Matthew J. Davenport, DWI defense is a major 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 people 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, Greenville DWI defense lawyer 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, enabling us to challenge these tests. 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
Pitt County 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 are not afraid to try cases, and therefore will not 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/DUI convictions, people from out of state, underage drivers, college students, commercial drivers and anyone who needs help resolving a drunk driving charge.
Contact a Pitt County Drunk Driving Defense Lawyer for a Free Consultation
To learn more about our approach to protecting young drivers who face drunk driving charges, call 866-346-2985 or send us an email. Based in Greenville, we help people in Pitt County and throughout the state.