An important case is State vs. Benbow, 169 NC App. 297 (April 5, 2005). The case holds that the DMV may order an interlock device as a condition of a license or limited privilege despite a court order.
The case was decided on jurisdictional issues, particular the lack of jurisdiction by failing to follow N.C.G.S. 20-25.
This is noteworthy because even if a defendant successfully challenges and suppresses a BAC reading, the DMV will still require an interlock based on the BAC result submitted at the time of arrest or blood test results availability. A successful challenge could significantly help your client, by allowing them to avoid the immediate costs of the interlock, and significantly, avoid the 45-day period without the availability of a limited driving privilege, post conviction.
Should the DMV challenge an immediate application and granting of a privilege by a District Court Judge, we can contact the Attorney Generals Office, and directly challenge the legality of their actions. Despite the time and burden, the success will have a positive impact on you, our client.
However, that the interlock will still be required, for the full year, when the client goes to get their real license back at the expiration of the limited driving privilege.
If you have received a DWI, or need a limited driving privilege, contact the attorneys and former prosecutors at Garrett, Walker and Aycoth. We can assist you in the defense against this charge and work to restore your driving privilege.
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
Talk to a Greensboro traffic and DWI lawyer today
Bring the citation, any DMV letter and your court date.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.