North Carolina uses a unique sentencing and punishment structure when it comes to DWI (driving while impaired). In most cases, a Charlotte, NC judge has to weigh the following things in determining the severity of the charges: Mitigating Factors, Aggravating Factors, and Grossly Aggravating Factors.
Factors considered 'grossly aggravating' can include, but are not limited to factors like: whether there is a DWI conviction within the last 7 years of the current arrest date, if serious injury resulted from the DWI, if the driver had a minor in the vehicle (someone under 18 years of age), a person with mental development equivalent to someone under 18, or had a passenger with a physical handicap that would prevent them from being able to exit the vehicle.
Aggravating factors include: a Blood Alcohol Content of .015 percent or greater, reckless or dangerous driving, negligent driving habits that led to a reportable accident involving personal injury or property damage exceeding $1000. Driving with a revoked or expired license, a poor driving history, and a prior DWI conviction more than 7 years in the past are all also considered "aggravating factors". Additionally, driving behavior at the time of the DWI including speeding or fleeing arrest, speeding in excess of 30 mph over the limit, passing a stopped school bus, and any other factors that can be considered to increase the seriousness of the offense.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
Receiving a DWI in Charlotte, North Carolina can be very challenging situation. Let the experienced attorneys at Minick Law help guide you through the process, and help you get the best possible outcome for your case.
Factors considered 'grossly aggravating' can include, but are not limited to factors like: whether there is a DWI conviction within the last 7 years of the current arrest date, if serious injury resulted from the DWI, if the driver had a minor in the vehicle (someone under 18 years of age), a person with mental development equivalent to someone under 18, or had a passenger with a physical handicap that would prevent them from being able to exit the vehicle.
Aggravating factors include: a Blood Alcohol Content of .015 percent or greater, reckless or dangerous driving, negligent driving habits that led to a reportable accident involving personal injury or property damage exceeding $1000. Driving with a revoked or expired license, a poor driving history, and a prior DWI conviction more than 7 years in the past are all also considered "aggravating factors". Additionally, driving behavior at the time of the DWI including speeding or fleeing arrest, speeding in excess of 30 mph over the limit, passing a stopped school bus, and any other factors that can be considered to increase the seriousness of the offense.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
Receiving a DWI in Charlotte, North Carolina can be very challenging situation. Let the experienced attorneys at Minick Law help guide you through the process, and help you get the best possible outcome for your case.
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