Case Results

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.

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.