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Can I get a DWI in North Carolina if I wasn't seen driving?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
NC DWI laws if not seen driving may result in dismissal of a DWI case if no other evidence can prove the facts of the prosecutions case. In fact, this is an excellent defense used to win many DWI cases.
North Carolina DWI Defense
If the prosecution cannot prove with any evidence that you were in fact driving, there is a good chance that your DWI case can be dismissed or that you will win at trial if you proceed with defending your case. It is difficult, if not impossible, for most people to assess potential defenses in a DWI case without the help of a lawyer who is skilled at understanding how to navigate in court and in plea negotiations.
The prosecution bears the burden of proving the case it has established against you. If they cannot show with relevant evidence that you were driving, then it will be difficult, if not impossible to prove a DWI case.
Hiring a Lawyer
If you have a viable defense in a North Carolina DWI case, such as no proof that you were driving, there is a good chance that hiring a lawyer will be advantageous to you. The penalties of a North Carolina DWI conviction are harsh to say the least. Doing what you can to stave off a conviction is the best way to preserve your future interests.
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