Being arrested for DWI is something that you never want to face; however, if it should happen, you may want to put it behind you as quickly as possible and get on with your life. However it is important to balance the desire to get your case over and done with quickly with the need to conduct a thorough investigation of the case to determine the best defense strategy. To be honest, getting your conviction over with may be great, but avoiding a conviction entirely is even better.
Our goal is to resolve your case quickly but in a responsible manner. We move quickly to gather the information we need, put a case together and get you into court as soon as possible. Despite our efforts, it is not uncommon for a DWI case to linger for several months. The prosecutors have control over the court schedule and will determine when a case is set for trial. Although you have a general Constitutional right to a speedy trial, as a practical matter it may take several weeks or months to get your case heard.
The exception to this concept is when your vehicle has been seized pursuant to North Carolina’s DWI vehicle forfeiture law. If you are charged with DWI and your license is still suspended for a previous DWI, the police will impound your vehicle and it cannot be returned to you until your case is done. Worse, while impounded the vehicle will be subject to daily towing and storage fees that must be paid before the car can ever be released. If the fees add up to the value of the car, it will be sold!
Therefore, you want to get a speedy DWI trial if your driving privileges have been revoked and your vehicle has been seized as part of the DWI stop. The ability to drive is an important part of our everyday lives. You need a speedy DWI trial to get your vehicle back and regain your driving privileges in order to get to work, take your children to school, and conduct other business.
If you have been charged with driving while impaired in North Carolina, you need an experienced DWI attorney to help you move your case along as quickly as possible. You are entitled to a speedy DWI trial in North Carolina; however, the court system does not always move as quickly as it should. The criminal defense attorneys of Welch and Avery have extensive experience representing individuals who have lost their driving privileges and had their vehicles seized for driving while impaired. We can help keep you obtain a speedy DWI trial pursuant to North Carolina law if your vehicle has been seized.
Your Right to a Speedy DWI Trial if Your Vehicle is Seized
Under North Carolina law, you are entitled to a speedy DWI trial if your vehicle was seized as part of your DWI arrest. Under N.C.G.S. §20-28.3, you are entitled to trial priority if your vehicle was seized in relation to a driving while impaired charge. According to the statute, your trial must be scheduled on the arresting officer’s next court date or within 30 days of the arrest, whichever date is first.
Your trial cannot be continued unless each of the following conditions is met:
- A written motion for continuance is filed and notice is served on the opposing party;
- The judge must find a “compelling reason” for the continuance; and,
- The motion and the order are included in the court record.
If you have questions about a speedy DWI trial in North Carolina, contact our office to schedule a consultation with one of our attorneys. We are here to help you.
Contact an Experienced Jacksonville Criminal Defense Attorney
“Attorneys Who Aggressively Protect Your Rights”
Welch and Avery is a criminal defense law firm that provides results-driven legal representation to individuals seeking an alternative to large-firm representation. Our criminal defense lawyers are committed to protecting the legal rights of individuals and providing support and guidance as they deal with the criminal justice system in North Carolina.
When you have been charged with a crime, you want an experienced criminal defense lawyer working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 347-0161 or contact us online today for a free case evaluation.
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