Legal Question in DUI Law in North Carolina

I was arrested at my home for DWI and Hit and Run. The statement for probable cause came from an off duty police officer that I have a horrible history with. He has threatened me many times. His statement says;

"I was loading my groceries into my vechile when I heard what I thought to be 2 vechiles colliding; when I looked around I saw the pontiac backing up and park beside the jeep. I then saw 2 females get out of the pontiac and go into food lion. That is when I got the tag #. They were inside about 5 minutes then came out carrying a bag or 2, looked around and got into the pontiac and left the scene. I then went into food lion and made contact with the owner of the Jeep and told her what happened and she asked if I would call 911 so I called and gave them the tag # and description".

Is this legal?

Why didn't he approach me when I got out of the car to ask if I was ok or needed assistance?

If I had known I hit a car, wouldn't I just leave instead of shopping?

Why did he hang around waiting for me to come out of the store and watch me leave before calling police?

Is it proper procedure to watch and wait like he did without approaching me or contacting police?

I was drinking in my own home when the cops arrived. I didn't deny that I come home and drank. I did deny being in an accident, because I still don't believe to this day that I was in one who put the damage there. The picture and accident report dont add up to my car being the one. I think the damage was already on that ladys Jeep.

If it can be proven it wasn't my car can I still get charged for DWI?

Asked on 7/30/10, 5:28 pm

1 Answer from Attorneys

Marcus Hill Law Office of Marcus Hill
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In order for you to be convicted of dwi, the state must prove that you were driving while impaired. Is your car damaged? If not, please take a photo of your car. To answer your question, you can be charged with anything, the charge's being proven beyond a reasonable doubt is another matter. Please call to make an appointment for a free consultation, 919 688-1941.

Marcus E. Hill

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Answered on 8/05/10, 10:36 am

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