Punishment Factors For A DWI Charge In North Carolina
Driving While Impaired (DWI) is one of the few charges in Charlotte, North Carolina that has its own sentencing/punishment structure. When imposing punishment on a DWI case in North Carolina, the judge must consider the presence of: (1) Grossly Aggravating Factors; (2) Aggravating Factors; and (3) Mitigating Factors.
"Grossly Aggravating" factors are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
Aggravating factors include: a Blood Alcohol Content of .015 percent or greater, reckless or dangerous driving, negligent driving habits that led to a reportable accident involving personal injury or property damage exceeding $1000. Driving with a revoked or expired license, a poor driving history, and a prior DWI conviction more than 7 years in the past are all also considered "aggravating factors". Additionally, driving behavior at the time of the DWI including speeding or fleeing arrest, speeding in excess of 30 mph over the limit, passing a stopped school bus, and any other factors that can be considered to increase the seriousness of the offense.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
When you are charged with a DWI in Charlotte, NC, it is imperative that you consult with an experienced DWI Lawyer, like the ones at Minick Law, that can help you defend your case and get you the best outcome. Call today for a free consultation
"Grossly Aggravating" factors are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
Aggravating factors include: a Blood Alcohol Content of .015 percent or greater, reckless or dangerous driving, negligent driving habits that led to a reportable accident involving personal injury or property damage exceeding $1000. Driving with a revoked or expired license, a poor driving history, and a prior DWI conviction more than 7 years in the past are all also considered "aggravating factors". Additionally, driving behavior at the time of the DWI including speeding or fleeing arrest, speeding in excess of 30 mph over the limit, passing a stopped school bus, and any other factors that can be considered to increase the seriousness of the offense.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
When you are charged with a DWI in Charlotte, NC, it is imperative that you consult with an experienced DWI Lawyer, like the ones at Minick Law, that can help you defend your case and get you the best outcome. Call today for a free consultation
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publié par Unknown @ 10:18
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