Not So Fast:  Dismissal of DWI Charges for Failure to Schedule Trial in 30 Days

Defendants who drive while impaired while their licenses are revoked for another impaired driving offense or who drive while impaired without a license and without car insurance risk more than criminal prosecution. The vehicles they drive must be seized, and, if they are convicted, will be ordered forfeited. To speed up the forfeiture process, DWI cases involving vehicle forfeitures must be scheduled within 30 days of the offense. But they rarely, if ever, are. Are defendants entitled to relief when the statutory scheduling directive is ignored?  And can that relief come in the form of the dismissal of criminal charges? The law.  To expedite the determination of whether a motor vehicle seized pursuant to G.S. 20-28.3 is subject to forfeiture, G.S. 20-28.3(m) requires that district court trials of impaired driving offenses involving forfeiture of motor vehicles be scheduled on the arresting officer’s next court date or within 30 days of the offense, whichever comes first. Once scheduled, the case must not be continued unless the following conditions are met: (1) a written motion for a continuance is filed with notice given to the opposing party before the motion is heard; (2) the judge makes a finding of a compelling reason for the continuance; and (3) the motion and finding are attached to the court case record. The practice. The trial priority provisions frequently are ignored. DWI cases, like other criminal matters, are routinely calendared for trial more than 30 days after the offense.  Compliance with the continuance rules in G.S. 20-28.3(m) is [...]