Case Results

DWI: Not Guilty

June 2014

Jose was charged with Driving While Impaired following a single car auto accident in Charlotte, North Carolina.  This case presented a really interesting set of facts.  Following the auto accident, the arresting officer took Jose to a local hospital.  A registered nurse (RN) took our client's blood.  The lab analysis indicated Jose's blood alcohol content (BAC) was .08.  

We addressed the normal pre-trial matters in Jose's case.  We obtained his license to ensure he had transportation pending the outcome of his case.  We also prepared our client for the various potential outcomes of the matter.  

The District Attorney has the burden of proving "impairment" in a North Carolina DWI case.  One indication of such is to establish the Defendant's BAC was .08 at the time he was operating the motor vehicle.  I strategically prepared Jose's case for trial.  I utilized several trial maneuvers to frame our argument.  The lab report indicates there is a .01 potential variance in the results.  I argued the burden of proof is beyond a reasonable doubt, and the lab report specifically indicates the result could be a .07 or a .09.  However, it is the State's burden of proof.  Given the lack of accompanying evidence in Jose's case, the State failed to establish its case.  

This was a very satisfying acquittal for Jose.  I commonly see attorneys give up on this sort of case.  I'm not indicating that every case is going to reach the same conclusion.  I do believe every case deserves the same effort.  

Shumate

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice

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