[law_text_block textblock_description=”<h2><strong>“<em>Trexler</em> <em>Motion</em>” to Dismiss the DWI</strong></h2>
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 <em>State v. Trexler, </em>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.” _made_with_builder=”true”][/law_text_block][law_text_block textblock_description=”<hr style="margin: 20px 0;"/>
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