Charged, But, Told I Wasn't???

State of NC

I was recently arrested for suspision of DWI. I do acknowledge I was speeding (although not to the rate I was told). Regardless, I had been at a bar previously and honestly had 3 beers. I told the Officer that.

When driving home I was pulled and submitted to a field sobriety test. Although I maintained I was not drunk, I was extremely cooperative through the whole process. Based on the field test, I was arrested and brought to jail to submit a breathalizer (was not given one at the scene). I blew a conclusive .06 (our legal limit is .08).

Next I was brought before the megistrate. The magistrate told me since I blew under the legal limit I was free to go, and no charges would be filed. I was immediately given back my license, and given the print out of my test results. The police officer asked if I wanted a ride back to my car, but I live extremely close, so I walked home (since they gave my friend the key to my car). The officer also indicated that I would not be charged with speeding, and was given a written warning.

So... several days later (today), I came home for lunch and checked my mail... receiving solicitation from Attorney's. I immediately called the DA's office and was told I was charged with DWI and speeding and given a court date over the phone (I received none of this that night-- I wasn't even booked or anything).

So, now I have a court date and charged with this, even though I was told otherwise.

I don't know what I should do? I don't really have the funds right now hire an attorney but I am scared to represent myself because I have no clue what I'm doing.

The only thing I can think to do is contact the Officer and see what happened... but the DA's office told me if I do and he calls to tell them it was a mistake, it will always appear on my record as charged with the crime (even though I did nothing illegal) and dismissed. My only option would be to get it expunged. But, I'd have to hire an Attorney for that too, when again, I did nothing illegal.

Any guidance?

[CdwJava]

For whatever reason, the case was forwarded and the DA or someone decided that there was sufficient cause to go forward with a DWI charge. It's likely best to get an attorney to handle this.

And if you DO contact the original officer, remember that anything you say to him CAN be used in court against you ... not that you'd likely have anything more to say that he doesn't already know. But, yu need to remember that.

- Carl

Thanks for the reply.

The DA's office told me the police filed the charges- so to contact him to find out why. But like I say, he acknowledged that I was not drunk and offered to drive me back to my car that night.

Plus, nobody even contacted me to let me know of this and tell me of a court date. I found out on my own by calling in. I can't imagine if I didn't call in what would have happened.

Plus, I would think technically by law, I shouldn't have my license now b/c it's supposed to be taken away for 30 days if charged. And he gave it back to immediately after the magistrate released all charges.

Do you think there is any possibility this was an adminstrative error.

PS, I did put a call in to the Officer to call me when his shift begins tonight. I don't what evidence they have to move forward when he and the magistrate dismissed it.

Do you think there is any possibility this was an adminstrative error.

I can't imagine why a "dismissed" charge would then be forwarded to the DA's office.

Does anyone here know why or how a dismissed charged ended up at the DA's office?

[Shay-Pari'e]

Originally Posted by mmgirl

Do you think there is any possibility this was an adminstrative error.

I can't imagine why a "dismissed" charge would then be forwarded to the DA's office.

Does anyone here know why or how a dismissed charged ended up at the DA's office?

Who do you think actually dismisses the charge?

UPDATE:

Today wondered to the DA's office, The Clerk of Court and ultimately at the Sheriff's office to see the Magistrate.

There was an error in processing by the Clerk of Courts office... instead of typing in NP (No Probable Cause) they went ahead and set it on the dockett.

All taken care of now. Thankfully.

Unfortunately it will still shows up as Charged with a DWI but will note it was dismissed for No Probable Cause. So, it seems I have to hire an Attorney to get this expunged (although I'm going to research to see if it is something I can do without paying out).

I tell you... I have always been proud (although I don't judge anyone on their mistakes-- cause they do happen) to be extremely responsible about drinking and driving (my cab fare each month is crazy high, but worth it). But I never thought 3 beers could cause so much grief... But now I do, and guarantee that won't happen again (those freaken handcuffs hurt).