Attorney: Patrick Apple
Type of Case: DWI and Misdemeanor Simple Assault
Case Result: Motion to Suppress Granted – Voluntary Dismissal by the State
County: Davie County
Criminal defense attorney Patrick Apple successfully represented a client who was facing a charge of a first offense DWI in Davie County.
The Traffic Stop
Around midnight, 911 Dispatch received a call about a domestic assault at a residence in Davie County. The caller identified our client as one of the individuals involved in the dispute. So, Dispatch notified law enforcement that our client was driving a white SUV, including the make and model. Dispatch also disclosed to law enforcement that our client had consumed alcohol.
Soon after, a law enforcement officer observed a vehicle matching the description leaving the neighborhood of the call. The officer looked up the vehicle registration, and it came back to the same address. The vehicle registration also matched the name of our client given out to dispatch. So the law enforcement officer followed our client into a gas station where our client parked at a pump. We want to point out that the law enforcement officer did not observe any bad driving or traffic violations during this time.
The law enforcement officer initiated a traffic stop and pulled up behind our client’s car while our client was in their car parked at the fuel pump. As the law enforcement officer made contact with our client, the officer identified an odor of alcohol on our client’s breath. Our client underwent field sobriety testing and was arrested for driving while impaired. Then, they went to the station and blew over the presumptive legal limit. Our client also faced an assault charge in part due to the statements they made after the law enforcement officer stopped them.
The DWI Appeal Process
Our client went to trial at the district court level and received a DWI conviction. Afterward, our client entered a notice of appeal and appealed their case to Superior Court for trial de novo. It was at this point that our client felt the need to hire an experienced DWI attorney. Upon reviewing the client’s case, attorney Patrick Apple reassured our client that even with the conviction, there was still hope.
Patrick’s first course of action was to file a Pre-Trial Motion to Suppress for Lack of Reasonable Suspicion. The argument for this was that the law enforcement officer had no particularized information that our client had committed any crime. Specifically, the law enforcement officer did not observe any traffic violations. The officer did not know the details of the domestic assault. The officer did not know if there were any injuries or if there was a weapon involved. The officer also did not know how many people were involved in the assault.
At the hearing, the judge agreed with Patrick’s argument, and so the court granted the Pre-Trial Motion to Suppress. The judge ruled that the officer did not have reasonable and articulable suspicion to conduct the traffic stop. Thus it was an unconstitutional seizure under the 4th Amendment. With the Motion to Suppress granted, the State could not introduce any evidence of impairment that occurred after the unconstitutional stop. Thus, the State took an open court voluntary dismissal of the DWI.
If the court had not dismissed our client’s case, they were looking at a loss of driving privileges. They would have faced high court costs, probation, required substance abuse classes, and an exponential spike in car insurance premiums. Thankfully, with Patrick’s help, our client doesn’t have to worry about any of that. Our client can keep driving. They won’t have to worry about a criminal conviction on their record. And, they are now eligible to have the charge expunged. Not to mention, they can now freely pursue professional advancement in their career.
Recently Convicted of a DWI in NC?
When you find yourself in a situation similar to that of Patrick’s client, it can be challenging to decide whether to stand up for yourself or comply. When asked what he would recommend people do in this situation, Patrick said the below.
“Do exactly what our client did, be polite, and hire us to fight for the rights later. You will never win by arguing with a law enforcement officer in the field.” – Attorney Patrick Apple.
Patrick also emphasized that just because you get a conviction in District Court does not mean you have to give up all hope. Speak with a criminal defense attorney so that you fully understand your options. The attorneys at Dummit Fradin have years of experience helping North Carolinians understand their rights. Contact us today to meet with a criminal defense attorney in Winston-Salem, Greensboro, or High Point.