Driving While Impaired (DWI) is one of the few charges in Charlotte, North Carolina that has its own sentencing/punishment structure. When imposing punishment on a DWI case in North Carolina, the judge must consider the presence of: (1) Grossly Aggravating Factors; (2) Aggravating Factors; and (3) Mitigating Factors.
"Grossly Aggravating" factors are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
Judges consider aggravating factors when determining punishment and sentencing. Aggravating factors include things like: a blood alcohol content of 0.015 percent or higher, negligent driving that resulted in a reportable accident, with personal injuries or property damage of $1000 or greater, generally dangerous driving habits, driving with an expired or revoked license and a DWI conviction 7 years or more in the past. Also, when a driver speeds in excess of 30mph over the speed limit, flees from arrest or pursuit, or passes a school bus that is stopped, it is considered an aggravating factor. There are many other factors, but these are many of the most common ones.
Mitigating factors to be weighed include: Slight impairment (blood alcohol content of 0.09 or less), safe and lawful driving at the time of the offense, except for being impaired, a safe driving record within the last 5 years, or if impairment was a result of a lawfully prescribed drug taken within the prescribed dosage.
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.
"Grossly Aggravating" factors are things like: A DWI within 7 years of the present arrest date, a DWI that resulted in a serious injury, or if the driver had a passenger in the car who is a minor (under 18). Also considered 'grossly aggravating' is if the driver had a passenger with the mental development of a child under 18 years of age, or one with a physical disability that would prevent them from being able to exit the vehicle on their own volition.
Judges consider aggravating factors when determining punishment and sentencing. Aggravating factors include things like: a blood alcohol content of 0.015 percent or higher, negligent driving that resulted in a reportable accident, with personal injuries or property damage of $1000 or greater, generally dangerous driving habits, driving with an expired or revoked license and a DWI conviction 7 years or more in the past. Also, when a driver speeds in excess of 30mph over the speed limit, flees from arrest or pursuit, or passes a school bus that is stopped, it is considered an aggravating factor. There are many other factors, but these are many of the most common ones.
Mitigating factors to be weighed include: Slight impairment (blood alcohol content of 0.09 or less), safe and lawful driving at the time of the offense, except for being impaired, a safe driving record within the last 5 years, or if impairment was a result of a lawfully prescribed drug taken within the prescribed dosage.
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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Want to find out more about Charlotte DWI Lawyers, then visit Minick Law's website for the best DWI attorney for your case.
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