“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.
Driving While Impaired (DWI & DUI) is a unique charge because voluntary mental or physical impairment is an element of the crime. Since impairment is evaluated at the time the driver drove, evidence gathered near that time is relatively more important. In State v. Knoll, 369 S.E.2d 558 (N.C. 1988), the North Carolina Supreme Court reminded the lower courts that every DWI defendant has the constitutional right to have access to friendly witnesses to observe the defendant’s sobriety near the time of his alleged impaired driving. If the court imposes unreasonable release conditions that prohibit a driver from having access to friendly witnesses near the time of the alleged impaired driving, then the court may be required to dismiss the charges. I review every DWI for possible Knoll violations
