North Carolina DWI Stops | N.C. DWI 'Blood Cases' | Legal Shield ...

So today?s Raleigh DWI Attorney blog is going to deal with what happens when an individual facing a North Carolina DWI Charge
either refuses to blow in the Intoxilzyer or are unable to and the
State elects to draw the Defendant?s blood to test for their
blood/alcohol concentration.

Commonly referred to as a ?blood case? these type of DWI?s have some
interesting ins and outs for a Raleigh DUI Lawyer or any other North Carolina DUI Lawyer.
But, this blog post is not intended on covering all the issues that
can come up with blood cases. No, today?s blog post is going to deal
with my frustration with the handling of these particular types of
cases.

You see, with blood cases in North Carolina, the blood is shipped off to
the State Bureau of Investigation (SBI) to have then run the test to
determine the Defendant?s blood/alcohol concentration. In many of these
types of North Carolina DWI cases, is very important to the State?s
case against the Defendant. However, the blood can take months for it
to get back to the District Attorney?s office. Since the State is
reluctant to proceed without the blood results, they will continue the
case multiple times until the blood results comes in.

Now, as a Raleigh Criminal Attorney and Raleigh DWI Attorney,
I am no stranger to continuances. In fact, both the Defense and the
State will utilize continuances in order to get time to get their
evidence together, work out pleas, etc. What my big frustration is that
there seems to be a double standard in some counties when it comes to
blood cases.

You see, for some counties in the Research Triangle Area, DWI cases are
required to be resolved very quickly. If the case is several months
old, the Defense may not be granted a continuance, regardless of the
reason for the motion to continue. Now, some attorneys may be asking
for a continuance for selfish reasons, others may have legitimate
reasons, like a necessary witness isn?t available that day, or the
Defendant needs more time to complete their Substance Abuse Assessment,
get money together, or make arrangements should they be facing jail
time. Regardless, if the case is outside the predetermined limitations
for DWI Cases, the Judge can deny the Defendant?s motion and they are
forced to proceed.

Now, shift gears to a blood case. In these same counties (one in
particular comes to mind ? though will not be named) if the DWI is a
blood case, the State is given all the time in the world to get their
evidence together. Now, I understand the District Attorney?s office has
their hands tied because they can?t control the SBI, but that doesn?t
change the fact that the Defendant is being required to come to court
multiple times on something they have been accused of (but not yet
proven) in violation to their right to a speedy trial. As example, I
was in this particular county this morning for a client who was charged
with a North Carolina DWI November 6th. This client has had 5 court
dates since that time, each time having to have a relative take off of
work and drive them to court as they can?t drive themselves. The Judge
today granted State?s motion, over my vigorous objection, but did mark
the shuck last (meaning the State is not suppose to get another
continuance on the new date).

Now, some may say, what?s a few months of waiting, the State needs to be
able to convict these people and need these blood results in order to
do it. But keep in mind, these individuals have only been ACCUSED of a
crime. Though a Police Officer was suppose to determine that they had
probable cause to charge the individual, that is not necessarily enough
for a conviction. What if these blood results came back as a .02?
Would you still feel it?s appropriate that the State require these
individual come to court five, six, eight times, take at least an hour
at a time to figure out what is going to be done with the case, only to
learn that there was not enough evidence to charge them, let alone
convict them? There is good reason we have a Constitutional Right to a
speedy trial, so that the State cannot bring charges and then make the
Defendant wait around, and come to court under threat of arrest, until
the State can make their case.

If you are facing a Raleigh DUI Charge, Raleigh Criminal Charge, or Raleigh Traffic Ticket and are in need of a free consultation, contact the Matheson Law Office about your case at 919-335-5291.
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