Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Research Shows Fewer Raleigh DWI Charges Are Dismissed

DWI attorneyWNCN news recently dug into the number of DWI charges throughout North Carolina and they were surprised to find that there were vast differences in the number of cases each district is dismissing. On average, 21% of drunk-driving charges in the state are thrown out for one reason or another. However, in Granville, Harnett, Lee and Vance counties, nearly half of all cases are dismissed. Others, such as Durham, Orange, and Wake counties, fall below the state average.

County Discrepancies

Despite a state law that was passed in 2005, which mandated that the cause of dismissed cases be kept digitally, it still has not occurred. According to the WNCN article, the director of the North Carolina Administrative Office of the Courts, Judge John Smith, says this would require a system upgrade, for which the funds have not yet been made available. This means that the cause of each dismissal can only be found inside each person’s file inside the correlating courthouse, as prosecutors are required to fill out a detailed CR-339 form for record keeping. In order for researchers to pinpoint the cause of these dismissals, they would have to physically go to a county courthouse and open each individual casefile.

Harnett County

Given the extent of the search, investigators chose to examine only Harnett County records. They manually went through an excess of 550 case files to determine the cause of the DWI dismissal. Unfortunately, many records were incomplete and the CR-339 forms were not completely or accurately filled out. In many cases, there was evidence to suggest that the driver was impaired, such as a very high alcohol concentration on record, but the case was dismissed anyway. One driver with two previous convictions blew a 0.16 on the day of his arrest and his case was dismissed because the officer did not appear in court. Apparently, this is not unusual in Harnett County, as 18% of thrown out cases cite the officer’s absence in court as the reason. However, the biggest reason for dismissals was lack of probable cause, accounting for 23% of the total.

Officials cite understaffing and high caseloads as reasons for discrepancies between counties. Not only are court employees overloaded, but officers routinely work on the day they’re expected to appear in court, which poses difficulties. Regardless of the reason for discrepancy, one thing is clear. If you’re in Raleigh, or anywhere in Wake, Durham, or Orange counties, you’re far less likely to have your drunk-driving case dismissed.

Raleigh DWI Attorney

If you have been charged with drunk-driving, hiring an experienced attorney is often essential in order to protect your rights. It’s also important to obtain representation right away, to ensure you are treated fairly. At DeMent Askew, we research all avenues to build you the strongest case possible and work to have your charges reduced and even dismissed whenever feasible. Contact us for a free case evaluation using our online form or talk directly to one of our attorneys by calling 919-833-5555.


Learn More About DWI Charges in NC

Important DWI Information

What happens If I get charged with a DWI in North Carolina?

What’s an Ignition Interlock Device (IID)?

Can a Defendant Contest Breathalyzer Results?

Are DWI Roadblocks in North Carolina a Violation of Motorist Rights?

Reasonable Suspicion: What is it and How Does It Affect My DWI Case?

DWI and DUI in North Carolina: What’s the Difference?

Raleigh DWI Defense

The Consequences of DWI in North Carolina

How to Successfully Navigate a Sobriety Check Point

Your First DWI Offense – Now What?

Sobriety Checkpoint: The Things You Need to Know

Raleigh Drunk-Driving Accidents: How Many Drinks Does it Take?

Five Self-Tests to Help You Avoid a Raleigh DWI Ticket

Car of the Future May Literally Shut Down Drunk-Driving

Alcohol Paradox: Fatal Drunk-Driving Accidents Continue, Though DWI Decreases

Prom: Think Your Teen Won’t Drink and Drive in Raleigh? Think Again.

Veterans Have Higher Rates of DWI and Other Traffic Offenses

Wake County Courts Are Flooded with Raleigh DWI Cases

Man Drunk-Driving Hits Police Car and Gets Away with It

Are Raleigh’s Sobriety Checkpoints Effective at Curbing DWI Incidents?

Research Shows Fewer Raleigh DWI Charges Are Dismissed

North Carolina DWI Laws

Drunk Driving Accidents and Underage Drinking

Drunk Driving Accident Victims: Seeking Legal Advice

Tips for Getting Through Sobriety Checkpoints

DWI Enforcement During Peak Holiday Travel Times

N.C 4th of July DWI Enforcement

Finding the right DWI attorney in Raleigh

Your Rights When Facing Drunk Driving Charges