Can Greensboro DWI attorneys win prescription drug driving cases? Yes, and recent case law makes the necessity for a skilled Greensboro DWI lawyers even more important.
The NC Court of Appeals decided State v. Shelton, ___ N.C. App. _____ (2019), on February 5th, 2019. The case involved a DWI where the impairing substance was prescription oxycodone. The defendant’s blood alcohol level was 0.00, but the officer obtained a warrant and took his blood. The presence of the prescription was found in his blood, at the lowest threshold for testing, but the State Crime Lab did not determine the exact amount of the substance present within his body.
In this case, the defendant was charged with 2nd degree murder and Felony Death by Vehicle, but he argued on appeal that there was no evidence of impairment.
The Court of Appeals upheld the conviction of Felony Death by a Motor Vehicle, which required the State of North Carolina to prove impairment and the presence of a sufficient amount of an impairing substance, despite the failure to produce evidence beyond the fact that the substance was merely present in the defendant’s blood. The fact that this was a lawful prescription make the case more frightening to the general public. Did they create a standard of strict liability?
The facts of this case lead one to believe that perhaps the search warrant itself should have been challenged prior to the blood evidence being allowed before the jury. An experienced Greensboro DWI lawyer can review your case, and determine the strength of triable issues, and work to exonerate you or your family member.
Call the Greensboro DWI attorneys from Garrett, Walker, Aycoth and Olson at 336-379-0539. They return every call, every day – they are here to help!