Trial Priority for DWI Cases and Motions to Dismiss

Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. 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. This statutory subsection goes on to state that 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 trial priority provisions frequently are not followed in practice. First, DWI cases sometimes are calendared for trial at the arresting officer’s next court date that also is more than thirty days from the date of arrest.  Under this calendaring practice, DWI cases never appear on the calendar sooner than than 31 days from the date of arrest. Second, defendants routinely orally move for a continuance on the first court date. For indigent defendants who are appointed counsel, this continuance is a necessity, as counsel will not even be appointed until the first court date. Even when defendants retain counsel before the first court appearance, they typically are not prepared to proceed to trial on the date [...]