DWI Defense Attorney Secures Dismissal for Client

March 10, 2011

Raleigh DWI attorney Patrick Roberts of the Roberts Law Group PLLC secured a DWI dismissal for a client by listening to his client and aggressively advocating for his client's rights.

The case presented a unique fact pattern that involved an injury years prior to being pulled over on suspicion of a DWI violation. In the past, the client was involved in a car accident and suffered severe injuries which subsequently required three surgeries. Those surgeries left him with lingering complications, including difficulty walking.

On the night that Mr. Roberts' client was pulled over for DWI suspicion, the client was observed committing a minor traffic violation. After the officer pulled him over and requested that he perform the field sobriety test, Mr. Roberts' client failed the test miserably and was asked to take a breath sample at the station. While at the station, the chemical analyst said that Mr. Roberts' client refused to submit to the breath test, which would have meant automatic drivers' license suspension had Mr. Roberts not stepped in to help.

When Mr. Roberts took over the DWI defense of the case, he was able to demonstrate at the Division of Motor Vehicles (DMV) hearing that the client didn't willfully refuse to take the breath test. Instead, Mr. Roberts argued that his client spoke limited English and was unable to understand what was being asked of him by the chemical analyst. The license revocation was subsequently reversed at the hearing based on this new information present by Mr. Roberts.

For the criminal hearing, Mr. Roberts argued that his client was not impaired to the level demonstrated by his failed field sobriety test. Mr. Roberts' client was instead still suffering from the lingering leg injuries that hindered his ability to perform the test to the level normally observed with the field sobriety test. Based on Mr. Roberts' argument, the assigned Wake County Assistant District Attorney dismissed the charges against his client.

Mr. Roberts noted the critical importance that a criminal defense attorney understands his or her client's personal history. "It's important for the DWI attorney to really spend time learning the client's story and his or her history because without spending time with the client to know nature and extent of the injury, we wouldn't have been able to make this argument," Mr. Roberts said. "We wouldn't have been able to successfully make that argument to the hearing officer or the Assistant District Attorney."

DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm's case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results because prior results do not guarantee a similar outcome.

For more information about the Roberts Law Group, see his criminal defense website and criminal defense blog. Patrick Roberts is a skilled criminal attorney who defends against sex crime charges, DWI charges and abuse charges, among others in Wake County. To contact criminal lawyer Patrick Roberts, please contact the law firm or call 866-630-2389 for a free consultation. Roberts Law Group can also be followed on Facebook at facebook.com/nc.criminal.defense.

Website: http://www.robertslawteam.com/Firm-Overview.shtml