NC DWI Failure To Appear For Out of State Clients
A common problem with cases of DWI in Asheville or surrounding areas, is failure to appear (FTA) for the court date. A number of issues can lead to a failure to appear, but for this discussion I want to focus on a regular issue I deal with, which is clients who've moved away before their court date and just didn't deal with the DWI case.
This first thing that most out of state DWI FTA clients are concerned with is how they are going to get their license. I've had clients who've gone without a license for decades in other states while ignoring their NC DWI case. You will generally have to deal with the NC DWI and all its requirements before your state will lift the flag on your license revocation. States keep a database of DMV issues and will generally at least flag your license status as non-eligible, if not reciprocate the revocation from NC. One of the first things that needs to happen is the case needs to be reset and calendared, if possible. Whether or not this can happen depends on a case by case basis, and is also depending on the State's (DA) stance.
Once the case is reset, the warrants will be struck and your license will free up in your state. Now you have to decide how to proceed with the Western NC DWI case. Occasionally a client may be located on the other side of the country, and a court appearance would be so burdensome that the court will allow a waiver of appearance where your attorney enters a plea on your behalf. In some cases, your record may aggravate your case and require mandatory jail time, which would confound this approach. Sometimes the case may warrant a trial to hold the State to their burden of proving the case, in which case you'll need to plan travel.
Often times a client will contact me from as far as the west coast, and they're surprised by how serious their situation is. The State of NC does not take DWI charges lightly, and you will generally have to plan on pleading guilty as charged, or take the charges to trial and challenge the case. Often times these type cases involve long periods of time lapse, missing charging officers, or faded memories, and poorly written reports. This means the evidence may not be sufficient, but that doesn't mean the state will throw up their hands and dismiss the case. Ultimately your case may be dismissed without you ever having to appear, or you may have to plan to travel, turn yourself in, and have a trial. I've dealt with both ends of the spectrum on these type DWI cases.
If you've been charged with DWI in Asheville or Surround Western NC areas, and you moved away and never dealt with the charges, you'll need a knowledgeable DWI attorney to help resolve your case. Call an Asheville DWI Lawyer today: