State to crack down on dismissed DWI cases

North Carolina legislators are trying to crack down on the number of cases dismissed for drunk driving.

The Charlotte Observer reported that state prosecutors dismiss more than 10,000 DWI cases every year.

"A lot of this is the lack of court time and the resources needed to get the cases heard in a quick manner," said Michael Lands, district attorney from Gaston County.

He said about 10 percent of these cases in North Carolina get dismissed.

There is currently a task force investigating the state's driving while impaired laws. It is co-chaired by N.C. Rep. Joe Hackney; James Hardin, Durham County District Attorney; and Democratic Senate Majority Leader Tony Rand.

The most common reason for court dismissals is that either the police officer or the defendant fails to show up.

"It is about even on the issue of who shows up," said Sgt. Everett Clendenin, spokesman for the North Carolina Highway Patrol. "North Carolina Highway patrolmen take DWIs very seriously. They put their lives on the line daily."

He said their dedication can be seen in the fact that they show up in court.

"We assign our troopers court dates a year ahead so that they know when they will be there."

Lands said there are a lot of reasons for the delay in the courts.

"Any time there is a delay in a case, it usually benefits the defendant. The longer it takes, the more likely it is that the state's witness may not be there or the officer in charge."

Lands said that when the defendant fails to show up for his court date, the judge issues a warrant for his arrest.

But the problem is that sometimes there is a delay on whether the person can be arrested for missing a court date. In other cases, the police department has difficulty locating the person.

Once someone is convicted of a DWI in North Carolina, the person normally loses his or her driver's license for a year. There is a monthlong suspension for blowing a 0.08 blood-alcohol content or more into the breathalyzer.

"The defendant may want to delay the case to drive as long as possible," Lands said. "The defense attorney may delay it so they get paid."

There are various reasons, Lands said, that police officers do not show up for the court date.

"Some are no longer with their departments, some are in the military and have gone off to Iraq and Afghanistan. Some go on vacations or are sent to training programs.

"Typically, many highway patrolmen transfer to other districts in the state, and it is hard to come back. And if the officer retires, quits or is fired, they are not likely to cooperate with the state."

One of the main goals of the task force is to convict more people who are arrested for drunk driving. Another is to enhance the certainty of existing punishments for offenders who already are convicted.

According to the minutes of the task force's Sept. 16 meeting, 67 percent of those charged with DWIs in North Carolina have no previous DWI arrest. And 80 percent of those involved in alcohol-related vehicle crashes have no previous DWI arrest.

"We need more punishment in the state for defendants who do not show up in court," Lands said. "If they are not there, we cannot try them for absence."

Contact the State & National Editor at stntdesk@unc.edu.