Reduction or Dismissal of Charges in Implied Consent Cases

A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. Loeb, Jr. and James C. Drennan, Motor Vehicle Law and The Law of Impaired Driving in North Carolina 81 (Institute of Government 2000 ed.). As discussed in this post, defendants convicted of impaired driving are sentenced pursuant to G.S. 20-179, which sets forth five levels of punishment depending upon the existence of aggravating and mitigating factors. Yet, the requirements for extensive documentation in impaired driving cases aren’t limited to sentencing.  In fact, detailed documentation is required when a prosecutor takes an action that enables a defendant charged with driving while impaired to avoid altogether the sentencing scheme set forth in G.S. 20-179. Specifically, G.S. 20-138.4 requires a prosecutor to enter detailed facts in the record of any case subject to the implied consent law (which includes offenses other than impaired driving, such as driving after consuming by a person under 21) or involving driving while license revoked for impaired driving explaining orally and in open court and in writing the reasons for his action if he or she takes any of the following actions:  (1) enters a voluntary dismissal; (2) accepts a plea of guilty or no contest to a lesser-included offense; (3) substitutes another charge, by statement of charges or otherwise, if the substitute charge carries a lesser mandatory minimum punishment or is not a case subject to the implied [...]