DUI in NC

[blazer48]

What is the name of your state?NC
Son was stopped after floating to the center line (while watching the passing trooper in his rear-view. He told trooper he had two drinks and had left there to return home (was less than one mile). Trooper gave his the road test which posed little problem. He then administered the field mobile test 'twice' then informed him he was under arrest. The trooper was asked multiple times what he had blown on the test to which he was told to wait until he got to the courthouse. There is did another test which resulted in a .09. At this time the trooper said he had blown a .11 earlier and he then
read him his rights. The trooper's was not very nice in verbal and physical
handling of my son, however, I will not argue that point...(they get hurt also).
However, this county is known for it questionable law enforcement.
Also, my son is 30 and this was his first tag.
Any thoughts or ideas, his work is over an hour's drive each way.
thanks...great site.

[seniorjudge]

Originally Posted by blazer48

What is the name of your state?NC
Son was stopped after floating to the center line (while watching the passing trooper in his rear-view. He told trooper he had two drinks and had left there to return home (was less than one mile). Trooper gave his the road test which posed little problem. He then administered the field mobile test 'twice' then informed him he was under arrest. The trooper was asked multiple times what he had blown on the test to which he was told to wait until he got to the courthouse. There is did another test which resulted in a .09. At this time the trooper said he had blown a .11 earlier and he then
read him his rights. The trooper's was not very nice in verbal and physical
handling of my son, however, I will not argue that point...(they get hurt also).
However, this county is known for it questionable law enforcement.
Also, my son is 30 and this was his first tag.
Any thoughts or ideas, his work is over an hour's drive each way.
thanks...great site.

Q: Any thoughts or ideas

A: Yes; urge your son to start going to Alcoholics Anonymous.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[BigMistakeFl]

Sounds as if the cop did everything correctly, unless there is anything missing. Your son admitted to having consumed, BAC tested positive for alcohol. Test at arrest site showed higher content, test later showed it was on the decline. That will be evidence that he was impaired during the time he was driving. Cop will testify that he witnessed impaired driving. If this is your son's first DUI arrest and his driving record is not too bad, he can hope for minimum penalties. He can speak with a defense lawyer, usually for free on first consultation. Follow the advice posted above about appearing. Go to the court one or two days just to watch the proceedings. This will give him / you an idea of what to expect. He will get through it, and be better because of it.