If you’ve been found guilty of DWI by a judge or jury the next step will be to determine what kind of sentence you receive from the judge. In order to decide what sentence you get the judge or jury is required by law to consider the existence of certain “mitigating factors” before handing down … More What Are The Mitigating Factors For A DWI?
In North Carolina, in order to be convicted of a DWI, the prosecutor must prove that you were driving a vehicle on a street, highway, or public vehicular area. While it’s not hard to imagine what counts as a street or highway, the definition of a public vehicular area is a little harder to picture. … More What Is A Public Vehicular Area For A DWI?
As you probably already know DWI stands for Driving While Impaired. In North Carolina this is the charge people get for drunk driving or for driving after using some sort of illegal or prescription drug. The actual law reads like this: § 20-138.1. Impaired driving. (a) Offense. – A person commits the offense of impaired … More What Is A DWI?
If you are charged with driving while impaired (a DWI) then the police officer claims you were “impaired” while driving your car. (For what it means to actually “drive” a car for a DWI see the blog post on this site titled “What Does It Mean To “Drive” A Vehicle For A DWI?”). So what … More What Does It Mean To Be “Impaired” For A DWI?
As a former DWI prosecutor I knew that in order for you to be convicted of driving while impaired (DWI) in North Carolina under N.C.G.S. 20-138.1 the State must prove to the jury that you were “driving” the vehicle in question. The question then becomes what does it mean to “drive” a vehicle? 1. Does … More What Does It Mean To “Drive” A Vehicle For A DWI?