I spent time on this write up in the hopes that it may help others who are unfortunate enough to fall into the same mess did: getting charged with a DWI. These words outline the process and the importance of excellent legal representation. It was a harrowing experience but thankfully my attorney, Randy Ingram was able to have a jury find me not guilty of the charges, read on if you are interested.
On May 30, 2009 I made error in judgment and drove my car after consuming alcohol. I was stopped in a major combined police agency DWI road-side check at the intersection of TenTen Road and the US-1 southbound off-ramp in Apex NC. I was asked to do perform some sobriety tests, was given a mobile test breathalyzer and was arrested. From there I was taken across the street and into Wake Countys mobile Blood Alcohol Testing (BAT) bus for a more formal blood alcohol test. This test was performed using the ECIR2 Intoxylizer. My results were 0.09. I was formally charged with driving while impaired. I was then taken to front of the bus to meet with the on-duty magistrate. She informed me that I was being charged with Driving While Impaired and asked me to sign a promise to appear document that had my first court appearance date on it.
I was ashamed, embarrassed, and feeling like my life, as I knew it, was over. Understand that I was a grown man with clean criminal and driving records. I am married and have two terrific sons that were both over 18 years old when this happened. This DWI was a real game changer for me.
I needed a lawyer. Thinking that this process could run for a protracted period of time, I decided to choose someone from the Cary/Apex area as a local lawyer would be convenient. I feel blessed that I chose Randy Ingram to be my lawyer. I called Randys office the day after I was charged. I spoke with Barbara, his office manager to book some time with him and we met a couple of days later.
In our first meeting I told him my entire story from start to finish, sparing no details. I was a depressed mess when we first met. Randy went to work telling me how my case would unravel; what I should expect to see and when I should expect to see things happen. Most importantly he assured me that he would take me through the process and that when all was said and done I would be able to live with the consequences of my actions. This helped me begin the mental and emotional recovery.
Randy got access to the arresting officers notes, they pretty much corroborated the facts as I relayed them to him. I was given two roadside sobriety tests, passed one (finger-to-nose) and questionably failed the other (horizontal gaze nystagmus test). The arresting officers notes stated that I was coherent, gentlemanly and very cooperative. I had no outward signs of intoxication (physical, mental or verbal).
Even though I had no visible signs of intoxication Randy felt that I would be found guilty of a DWI offence at trial with a judge. Being a first offence with a BAC of .09 I would be fined up to $2000, have my driving privileges reduced to a limited set of destinations as needed for work and upkeep of household and would be required to perform a number of hours of community service. I would also be required to take a substance abuse workshop prior to my trial.
He felt that the conviction would happen because the law didnt really give the judge much latitude in interpreting my specific situation. But he also told me that if I were convicted I should strongly think about appealing and asking for a trial by jury as he felt that a jury would see my case with more shades of gray.
Unfortunately Randy was correct. In spite of his strong defense I was found guilty of DWI and was given the most lenient penalty possible. I should also note that just before announcing his decision on my case, the judge spoke up to inform everyone present in the courtroom (mostly other lawyers and defendants) that they had witnessed a professionally executed trial, from both the DAs and defense attorneys perspectives. At this point, even though I was found guilty I did feel good that my lawyer had done everything he could to defend me. So much so that the judge felt it necessary to point it out.
Immediately following my first trial we decided to appeal the verdict as Randy felt that a jury would be able to look at things a little differently. He felt that the DA would have difficulty with:
1.The tolerances of the ECIR2 reading (from first calibration to my marginally high reading).
2.That I was not appreciably impaired (in any way) as shown both in the sobriety tests and the arresting officers case notes.
3.Jurors would want to understand some of processes and workings of the ECIR2 machine.
We finally came up to jury trial on Tuesday October 11, 2011. Jury selection started at around 10:30AM. This is a humbling experience for anyone who is a defendant. It was difficult for me to look these people in eyes. Randy and the DA swapped in and out of questioning the jurors and in the end both the DA and Randy excused five jurors each. I think this is where Randy won the trial. He was able to get everything he was looking for in each juror. He was masterful in his questioning, at times asking everyone to raise their hand in response to questions that would be key to our defense. Quite frankly he out-lawyered the DA in this phase of the trial.
With the jury selected the trial could now begin. There was only one witness, the arresting officer, who is actually a really nice guy that I would be happy to call a friend under different circumstances. The officer did nothing wrong on this case, he was following prescribed processes during the arrest and honestly and thoroughly documented the incident. He handled Randys examination with honesty and professionalism as well.
When both sides had finished their questioning of the one and only witness the jury was asked to leave the room. It was time to review the instructions that the judge would read to the jury. Citing an NC appellate court case Randy was able to have some wording added to the instructions that would give the jurors some latitude in weighing the evidence, most importantly the reading of .09. Once again Randy outmaneuvered the DA.
The DA addressed the jurors first and when he was finished I felt certain that I would be convicted. Then Randy stepped up to address them. He spent the next 45+ minutes methodically stepping through the facts of the case and the evidence (or lack of) against me. When he was done I was pretty sure that he was able to show reasonable doubt in the states case against me.
When the jury stepped out to decide my fate, I wasnt sure what to expect in terms of timing. When they came back in under 30 minutes I didnt know what to think. They returned a verdict of not guilty!!
I was not born in the USA and this was my first, and prayerfully last, encounter with the American legal system. I cannot tell you how appreciative I am for vehement and thorough defense that Randy Ingrams provided me with during the one of the most trying times of my life. He is an experienced, intelligent man of integrity and I would highly recommend him to anyone seeking legal representation.
I owe him my preserved reputation and my continued good standing in our community.