If The Police Are Going To Charge Someone, They Should Have The Right Driver
Trial Date - 8/29/11 - Client was charged with Driving While Impaired.
On the date of the incident, our client was driving through NC on her way to Myrtle Beach. She runs an adult day care facility and was transporting her residents to the beach for vacation. She was one of several cars "caravaning". A co-worker was driving our client's vehicle, even though his license was revoked. When they stopped in Statesville, NC to get something to eat, our client drank two mixed drinks. Several hours later, two of the vehicles in the caravan were involved in an accident (not the vehicle our client was traveling in). Our client stopped and was understandably upset, and concerned for the residents that were involved in the accident. State troopers arrived on the scene and asked who was driving our client's vehicle. Our client, trying to protect her co-worker, said that she was driving.She later recanted that statement, and the other people on the scene also corroborated that our client was not driving. Nonetheless, she was arrested for DWI. At intake, she blew a .08. At trial, on February 18, 2011, Mr. Dummit forced the State to rest without several key elements they needed to prove the charge of DWI. The Judge continued the case to give the State an opportunity to brief several issues raised by Mr. Dummit. Several months later, the Judge found our client guilty of the DWI, despite the lack of evidence. We appealed the conviction to Superior Court. We then took our case directly to the DA's office. After listening to our arguments, and reviewing the evidence, they agreed with us, that there was insufficient evidence to proceed against our client, despite the guilty verdict, and took a voluntary dismissal of all charges.
