Probation Violations

Remember Ethan Couch? He was driving drunk when he was 16 years old and killed four people. However, instead of going to jail, he was placed on probation after his attorneys successfully argued that he suffered from affluenza. Essentially, his lawyers claimed that he was unable to understand the consequences of his actions because of his financial status and/or privilege.
 
He later fled to Mexico and violated his probation, and his case was subsequently transferred to adult court.  Although Couch’s case happened in Texas, probation violation cases have a lot of similarities regardless of the state where the violation occurs.  For example, once a defendant is placed on probation, all of the terms and conditions of that probation must be followed in order to avoid having the probation revoked and the sentence or judgment activated.  Sometimes, even if a violation is found, additional terms and conditions may be added or the probation period may be extended to allow additional time to complete the terms and conditions that were previously ordered.
If you are charged with a North Carolina probation violation in Forsyth County or one of the surrounding counties, you need to speak with an experienced Winston-Salem criminal lawyer to represent you.  Please call us at (336) 725-6559 and schedule a free consultation in office which is located in downtown Winston-Salem.

Officer’s False Testimony Leads to More than 100 DWI Dismissals

Last week, the Wake County District Attorney’s Office dismissed a total of 175 cases, including 104 DWI cases, after the investigating officer gave false testimony in at least three prior cases. Now, the video has been released for one of those cases, and the video clearly contradicted the officer’s testimony. In court, the officer testified that the suspect refused to take the breathalyzer test, that she did not ask for a witness to be present, and that she did not try to call anyone to ask them to be a witness.  All of these statements were false statements.

Always remember that whenever you are charged with Driving While Impaired in North Carolina, you are presumed to be not guilty, and the State has the burden of proof to prove that you are guilty.  Your rights for any DWI case include, but are not limited to the following:

1. You have the right to either take or refuse a breathalyzer test.
2. You also have the right to call a witness and have that witness present to watch you take the test.

A conviction for Driving While Impaired in North Carolina carries serious penalties and consequences.  If you are charged with Driving While Impaired in Forsyth County or one of the surrounding counties, please call our office at (336) 725-6559 to speak with an experienced and aggressive Winston-Salem DWI attorney.