Your Wake County DWI Lawyer

I can help the court find you not guilty of driving while impaired. I prepare every DWI for trial. As a former Wake County prosecutor and Certified Criminal Law Specialist with over 20 years experience defending people, I can identify the strengths in your case and use them to your advantage. At trial, the prosecutor must prove the arresting officer had the following:

1. “reasonable suspicion” to stop the car meaning a good reason to believe the driver committed a traffic violation or the driving was unsafe indicating the driver may have had a medical problem like a heart attack, stroke, or impairment;

1. “probable cause” to arrest the driver meaning evidence he was physically or mentally impaired as shown by the quality of his driving, what he told the officer and how he performed on the field sobriety tests; and

1. proof of driving while impaired “beyond a reasonable doubt” meaning all the admissible evidence proves the driver was “operating a motor vehicle” on a “public vehicular area” while “appreciably impaired.”

At trial, I will challenge the prosecutor on each of these required elements (the bold phrases listed above), ask the court to suppress improperly obtained evidence and insist that the court find the driver not guilty.

We Will Challenge The Officer’s Lack of Evidence and Violations of Law and Procedure!

Our Approach to Defending DWI Charges

Reasonable Suspicion

The officer must have a good reason (reasonable suspicion) to believe the driver committed a traffic violation or the driving was unsafe indicating the driver may have had a medical problem like a heart attack, stroke, or impairment.Learn More

Probable Cause

The officer must have a better reason (probable cause) to arrest the driver. Probable cause is based upon a combination of factors.Learn More

Challenging the Officer's Testimony

We challenge the officer’s testimony by showing that he was not certified or qualified to operate the radar device, administer the field sobriety tests, administer the portable breath test or administer the breath test at the police station.Learn More

Miranda Violations - Motion to Suppress

I can insist that the court suppress the driver’s statements - exclude the driver’s statements from being repeated at trial - by showing that the officer failed to properly advise the driver of his Miranda Rights. Learn More

Challenging the Admissibility of Breath Test Results

On the roadside, the officer may ask the driver to submit to a portable breath test (“PBT” test). At trial, the officer must prove that he was certified to administer the “PBT” test and that the device was approved by the state, was working properly, and the driver provided two samples at least five (5) minutes apart.Learn More

Illegal Search and Seizure: 4th Amendment Violations

I will petition the court to suppress other evidence – exclude other evidence from trial – by proving the officer illegally searched the driver or his property. The officer may only search the driver if he gave consent, if the officer believed the driver possessed a weapon, or if the officer arrested the driver. Learn More

DWI Checkpoint Violations - Motion to Suppress & Dismiss

DWI checkpoint elements are an opportunity for us to challenge the officer’s authority to stop the car and suppress evidence. When the court suppresses evidence, the prosecutor has nothing to present at trial and the DWI is dismissed.Learn More

"Ferguson Motion" to Suppress Evidence & Dismiss the DWI

When an officer asks a driver to submit to an alcohol breath test at the police station, the officer must inform the driver of his constitutional and statutory rights to have a witness observe the test. Learn More

"Knoll Motion" to Dismiss the DWI

After an officer charges a driver with DWI, a magistrate judge determines the release conditions. The judge is supposed to release the driver immediately on an unsecured bond unless the judge finds a risk of non-appearance or potential danger to the community or driver.Learn More