The North Carolina General Assembly has made a "reduction" VERY difficult. It is a rare event indeed that a prosecutor would agree to proceed in such fashion.
Given the complexity of Impaired Driving offenses. . .and the potential for long-term, negative consequences, consultation with an experienced DWI attorney would be beneficial.
§ 20-138.4. Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case.
(a) Any prosecutor shall...
One would suspect an attorney may be involved; as such, that would be the best person to explain the process. Having said that, Charlotte (as well as many other jurisdictions across the state) have a LOT of DWI charges pending. They take time to work through the system.
That is an EXTRAORDINARILY COMPLEX legal issue that involves aspects of traditional DWI Defense and Habitual Felony considerations. In fact, it would be worthwhile to sit down and talk with someone, as the factual basis and histrionics of prior history are important to consider.
You may be interested in an article written by Shea Denning at the School of Government. If nothing else, it sets forth how complicated things can be: http://nccriminallaw.sog.unc.edu/?p=2780
Given the long-...
Pay the $100 Civil Restoration fee at Clerk of Court. They should be the one holding the license.
If you haven't already, retain local counsel. S/he can help you with type of thing.
Best of luck. . .and GOOD QUESTION.
Many attorneys offer a confidential consultation free of charge. Given the consequences of a driving while impaired case to anyone, especially a commercial driver, it makes sense to speak with an experienced attorney.
There many factors to consider in addition to the numerical reading on the device.
The Union County Sheriff's Department has consistently disavowed recording video in the "booking area" or breath testing room. We HAVE obtained video evidence in the "sally port" of the arrest processing center.
BTW, I had always heard deputies and other law enforcement officers referring to the "sally port," but until this question, did not know the etymology of the term. It is defined as: "The primary modern meaning for sally port is a secure, controlled entryway, as of a...
Yes. Maintaining a Dwelling for Purpose of Drug Activity. REALLY not a good idea. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_90/GS_90-108.pdf
Serious Felony Criminal Defense - North Carolina
The most appropriate answer is "retain an attorney immediately."
Criminal matters, such as the one described in the inquiry, can be complicated and carry long-term consequences.
Given the information provided, without more, it seems like a misdemeanor. See: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-72.html
Cases involving theft or "crimes of moral turpitude" carry consequences other than and in addition to those imposed by a Court....
As an attorney whom handles both personal injury and traffic ticket cases, I think you'll be hard pressed to find someone to present a claim.
North Carolina law would specifically preclude an insurance carrier from raising rates based solely on a charge. If indeed the citation has been dismissed, the insurance company would not be able to give additional scrutiny. Frankly, the insurance company would have no way of finding out about the citation, as the sole means of making that...