Charlotte North Carolina Notice of Grossly Aggravating and Aggravating Factors (DWI)

State:
North Carolina
City:
Charlotte
Control #:
NC-CR-338
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PDF
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This is an official form from the North Carolina Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

The Charlotte North Carolina Notice of Grossly Aggravating and Aggravating Factors (DWI) is a legal document utilized in DWI (Driving While Impaired) cases in the city of Charlotte, North Carolina. This notice provides relevant information about the grossly aggravating and aggravating factors associated with the offense, which could significantly impact the outcome of the case. In North Carolina, a DWI offense can be classified either as a misdemeanor or a felony, depending on various factors. The Grossly Aggravating Factors refer to specific circumstances that escalate the seriousness of the offense. These factors can vary and may include: 1. Previous Convictions: If the driver has been previously convicted of DWI within the past seven years, it is considered a grossly aggravating factor. 2. Serious Injury: If the impaired driver caused a serious injury to another person, it is considered a grossly aggravating factor. 3. Negligence: If the driver was driving negligently and caused an accident that resulted in serious injury or death, it is considered a grossly aggravating factor. The presence of these grossly aggravating factors can lead to more severe consequences for the individual, involving potential felony charges, longer license suspensions, higher fines, and increased jail time. On the other hand, Aggravating Factors are circumstances that aggravate the severity of the offense but are not as intense as the grossly aggravating factors. These factors can include: 1. BAC Level: If the driver's Blood Alcohol Concentration (BAC) is significantly above the legal limit, it can be considered an aggravating factor. 2. Reckless Driving: Engaging in reckless driving behavior while impaired can be considered an aggravating factor. 3. Speeding: If the driver was speeding at the time of the offense, it can be an aggravating factor. 4. Prior Convictions: If the driver has prior convictions for traffic violations or other non-DWI related offenses, it can be considered an aggravating factor. The presence of aggravating factors can result in increased penalties and can affect the sentencing of the individual, leading to longer license suspensions, higher fines, mandatory alcohol education programs, and counseling. It is important to note that the Charlotte North Carolina Notice of Grossly Aggravating and Aggravating Factors (DWI) could refer to various types of notices based on the specific circumstances of the case. Each case is unique, and the factors mentioned above are not exhaustive. The notice may be tailored to the specific factors applicable to an individual case, providing a comprehensive understanding of the elements that will be considered during the legal proceedings related to the DWI offense.

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IN THE COURT OF APPEALS OF NORTH CAROLINANo. In fact, NC has some of the strictest DWI laws in the nation.Aggravating factors can increase the penalties in a NC DWI case. The State shall provide notice to the defendant of all grossly aggravating or aggravating factors at least ten days prior to trial. The notice must list all the specific aggravating factors the State intends to establish. Contact our Charlotte criminal defense law firm today to schedule your initial consultation. Grossly Aggravating Factors in North Carolina DWI Sentencing. Short Title: Governor's DWI Task Force Recommendations. (Public). "(c) Determining Existence of Grossly Aggravating Factors.

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Charlotte North Carolina Notice of Grossly Aggravating and Aggravating Factors (DWI)