DWI: Not Guilty
Karon was charged with Driving While Impaired in Charlotte, North Carolina. Karon's case presented a unique scenario that was very interesting to defend. Our client suffered extreme anxiety, for which he took several prescription drugs. As a result of an auto accident, Karon was charged with DWI. The arresting officer took him to a local hospital and requested a Registered Nurse (RN) to administer a blood draw.
Given the complexities of Karon's case, and some unrelated charges, I prepared our client for every possible scenario. We discussed in detail the various possible outcomes of his case. We took the proper steps to put Karon in the best possible position regardless of how his case proceeded.
I prepared our client's trial strategy to force the State to meet its burden of proof. The arresting officer is experienced. He conducted a detailed investigation. However, a careful analysis of his documentation revealed critical errors that proved fatal to the State's case. The State has the burden to prove "impairment" in a DWI case. In this case, the arresting officer was not qualified to provide the proper opinion regarding my client's impairment or lack thereof. He further failed to request the assistance of an officer (a drug recognition expert) who was qualified to provide such an opinion. While the District Attorney attempted to cure this issue at trial, I made the appropriate arguments on behalf of Karon successfully. The Court ultimately found Karon not guilty of Driving While Impaired.
While the argument ultimately was not necessary, I had prepared a secondary argument for our client based upon irregularities with his bond and the failure to release Karon in a timely manner. This illustrates that I review all the relevant documentation to ensure we proceed correctly for each client.
I was very pleased with this result. This case presented some interesting facts, and we were ultimately able to protect out client's rights.