DWI or 'Driving While Impaired' is a very serious and common offense in Charlotte, North Carolina, and the charge has its own unique sentencing structure. The judge in a DWI case must consider the presence and severity of the following factors: Aggravating Factors, Grossly Aggravating Factors, and 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.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
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.
"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.
A factor considered 'Mitigating' if it lessens the severity of the offense. Examples of this include: a blood alcohol level of less than 0.09 percent (slight impairment), otherwise safe driving behavior (besides DWI), a clean driving record, and if impairment is due to a prescription drug lawfully obtained and taken according to doctors orders.
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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