Case Results

DWI: Case Dismissed By Court

October 2016

Gerardo was charged with Driving While Impaired in Charlotte, North Carolina.  This case presented a real challenge, as our client faced a common issue for many in our city.  Gerardo is not a U.S. citizen; he legally resides here under the DACA program.  Under the DACA program, you must renew your status every two years.  A DWI conviction will result in the loss of your DACA status. 

Gerardo had a difficult case.  He was sitting at a stop light early one morning in Charlotte.  A CMPD officer was in front of my client at the stop light and noticed Gerardo forgot to turn on his headlights.  The officer got out of his patrol car and motioned for my client to turn on his lights.  Gerardo simply panicked.  He pulled around the patrol car, through the stop light, and proceeded.  The CMPD officer initiated a traffic stop.  Subsequently, the officer initiated a DWI investigation.  My client subsequently submitted to one intoxilyzer test upon arrest (a .20) and refused a second test.  Therefore, he was noted to have refused the intoxilyzer test.  (As a side note, the State may offer the first reading into evidence, while the Defendant also suffers the consequences of the refusal.)  

I obtain and carefully examine all evidence in every case to prepare the best possible defense for my client.  In Gerardo's case, I determined the officer started the intoxilyzer testing a few minutes too soon.  I explained the policies to my client regarding the intoxilyzer.  We also discussed the other evidence in his case to allow him to make an informed decision regarding his defense.  After careful consideration, I made a motion to suppress the breath test (intoxilyzer).  I presented the Judge the controlling statutory authority and case law regarding the issue.  The Court ruled in Gerardo's favor, dismissing the case. 

This result was extremely important for my client.  He has no prior criminal history of any kind.  He works very hard at two respectable jobs.  As a result of this disposition, my client's status should not be affected by this charge.  I was very pleased the Court made the proper ruling based upon the controlling statute and caselaw.  

Practice area(s): DUI / DWI

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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