There are a variety of ways to defend against a DWI charge in North Carolina. Don’t let anyone tell you that the number you blow on the police machine at the station is the end of the issue. You can attack/challenge the stop of your vehicle, the arrest, the post arrest procedure, and even the steps that the magistrate took in deciding whether or not you should be released on a secured bond.
A Knoll Motion refers to the 1984 case of North Carolina v. David Knoll. Mr. Knoll blew a .30 but challenged the fact that he had been deprived of his right to have a witness observe his behavior in order to help create a defense for himself. A Knoll Motion is the common phrase used when attempting to get a DWI dismissed because the magistrate held you in jail for too long. North Carolina recognizes that those charged with a crime have the right to prepare a defense for themselves. In implied consent offense situations, (DWI’s), there is an exigent need to allow defendants access to witnesses as quickly as possible.
Because the charge alleges that you were appreciably impaired at a relevant time to your driving you need to be able to have access to witnesses who may be able to rebut the allegations by observing your behavior at a relevant time in reference to your driving.
If you do not pose a danger to yourself or others, have never been charged with a crime before, and there is no reason for the magistrate to believe that you would fail to appear in court – then there probably isn’t a good reason for the magistrate to set a secured bond.
If you have been detainment has been prolonged as a result of a statutory violation in reference to your bond, then you should consider arguing a Knoll Motion. Finding friends who are available to go through the process of posting your bond can take hours. If these potential witnesses had been allowed immediate access to you following your arrest, your ability to prepare a proper defense may not have been prejudiced. If your attorney can argue that the magistrate violated the law by setting a bond in your case, then your attorney needs to demonstrate that the violation led to irreparable prejudice as it relates to preparing your defense. If the judge agrees, then your case may be dismissed.
It doesn’t matter what the number on the machine is if all this occurred. David Knoll got his case dismissed after blowing a .30. Don’t let an attorney tell you during a consultation that it looks like you’ll probably need to plead guilty if you blew above the legal limit. There are always alternatives to catering to the government’s desires.
