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.
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.
Judges will also look at 'Mitigating Factors' in these cases. They weigh things like: a blood alcohol content of less than 0.09 percent, (considered slight impairment), otherwise safe and normal driving habits, a driving record free from any violations, and in the case where impairment results from lawfully prescribed and administered medications at the correct dosage.
Being charged with a DWI in Charlotte, NC can be a costly and painful experience, not to mention very inconvenient. Minick Law's DWI lawyers are standing by to offer you superior legal counsel, and can help you get the most out of 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.
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.
Judges will also look at 'Mitigating Factors' in these cases. They weigh things like: a blood alcohol content of less than 0.09 percent, (considered slight impairment), otherwise safe and normal driving habits, a driving record free from any violations, and in the case where impairment results from lawfully prescribed and administered medications at the correct dosage.
Being charged with a DWI in Charlotte, NC can be a costly and painful experience, not to mention very inconvenient. Minick Law's DWI lawyers are standing by to offer you superior legal counsel, and can help you get the most out of your case.
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