Case Results

Pretrial Motion Result: Case Dismissed.

The Firm’s client was charged with Driving While Impaired, Reckless Driving, and Misdemeanor Speeding after being stopped for driving 30 miles over the speed limit. After a thorough review of the case, our attorneys determined that our client’s constitutional rights had been violated after the point of his arrest, when he was denied access to a witness after submitting to the breathalyzer. Following a hearing in which our attorney argued that the client’s rights were violated pursuant to State v. Knoll, all charges were dismissed by the court.

District Court Trial Result: Not Guilty.

In this case our client fell asleep behind the wheel while waiting at a stop light behind another accident that had already occurred, and while unconscious, rear-ended another vehicle. Because police were already on scene, the collision was recorded on an officer’s dashcam. The client was arrested and blew a 0.17 on the Intox breathalyzer. The client was found Not Guilty at a district court trial because the State failed to produce a witness who personally observed our client behind the wheel of the vehicle, and the court found the evidence to be insufficient to support a conviction.

pretrial motion result: case dismissed.

In this case our client was charged with DWI following a single-car traffic accident in which the client’s car veered off the road and collided with a tree. After the client’s arrest, client was detained for an extended period of time and the defense was able to establish violations of the client’s rights under North Carolina law and the US Constitution. The Court dismissed the charge as a result of those violations.

trial outcome: not guilty all counts.

In this case Mr. Hiltzheimer’s client was charged with Driving While Impaired and Failure to Maintain Lane Control following a motorcycle accident. The client was found in a ditch under the bike with serious injuries, and blood analysis revealed a BAC of .14. Following a technical challenge to the state’s evidence regarding the timing of the accident, which was never established, the court found that the BAC was not proven to be within a “relevant time after the driving,” as required by North Carolina law. As a result, the Court found the firm’s client NOT GUILTY of both counts.

pretrial hearing outcome: case dismissed for lack of probable cause to arrest.

In this case Mr. Hiltzheimer’s client was charged with Driving While Impaired following a traffic stop for speeding 25 miles per hour over the posted speed limit.  The officer conducted standardized field sobriety tests, but after careful review, the defense determined that the tests were done improperly and recruited an expert to testify at a pretrial hearing challenging the basis for the arrest.  The court granted the defense motion to suppress a BAC of .14, and dismissed the DWI charge.

trial outcome: case dismissed for insufficiency of evidence.

Mr. Hiltzheimer’s client was charged with Assault With a Deadly Weapon With Intent to Kill, a Class E felony, and Discharging a Firearm into an Occupied Vehicle, a Class D felony, among other related charges.  All charges arose from a domestic dispute in Durham, and the incident occurred in the middle of the afternoon on a residential street.  Mr. Hiltzheimer negotiated a complete dismissal of all charges and secured an expungement for his client.