A new DWI case out of the North Carolina Court of Appeals, State vs. Townsend, has caused quite a stir among DWI attorneys. Rather, this ruling clarifies State v. Knoll on how long a defendant can be held on a DWI charge. Under Knoll, a person had to be released from jail in time to get independent blood testing. Now, the Townsend decision weakens this protection. Hence, now you must show prejudice in your DWI case to seek redress.
Release From Jail in DWI Case After Townsend
So what does this mean? As a result of Townsend, you must show some active effort to have your blood independently tested. In the alternative, you want a witness present to watch your actions during breath testing. But if you cannot make such a showing, then you lose your rights under Knoll. Although suspects are told they can seek independent testing, most do not pursue it. In addition, even when witnesses try, they cannot get there in time. After all, a 30 minute window is tight. Consequently, they arrive late and are not able to observe testing as allowed by law. Finally, by the time they meet with a Monroe DWI lawyer, time for independent testing has passed.
Because most clients don’t know their rights, most will lose this critical protection. And that is bad for all of us. While no one wants truly drunk or impaired drivers on the road, DWI is a serious criminal offense. As a result, all rights and protections are important. Rather than safeguard this important right, the Court in Townsend has added a new element to the defense. Consequently, the ruling effectively eliminates the defense. Most disturbing, available defenses are already too few in North Carolina. However, there is an easy solution to this issue. North Carolina should require mandatory video recording of a suspect’s conduct at the street and during breath testing. By doing so, the judge or a jury could decide guilt on what they see and hear for themselves. What could be more fair to both the State and the accused?