“Trexler Motion” to Dismiss the DWI
Sometimes, the officer does not see who drove the car. This often occurs after an automobile accident when the driver exits the car before the officer arrives. In State v. Trexler, 316 N.C. 528, 342 S.E.2d 878, (1986), the North Carolina Supreme Court reminded the lower courts that the prosecutor must prove the identity of the driver beyond a reasonable doubt. Even if a bystander or EMS professional saw the driver seated in the driver’s seat, their observations are only admissible in court if they appear and testify. If the prosecutor can’t get a witness to testify about the identity of the driver at trial, our chance of obtaining a not guilty verdict increases greatly.
