Knoll Motions
The Knoll Motion is a reference to the North Carolina Supreme Court's ruling in State v. Knoll, 322 N.C. 535, 369 S.E. 2d 558 (1998). InKnoll, the Court dismissed driving while impaired charges against defendants in three separate cases. The Court found that in each case the magistrate had committed substantial statutory violations, which prejudiced them in the preparation of their defense. The Knoll Court held that the magistrate set conditions on pretrial release, which prevented access to witnesses during evidentiary breath testing, and delayed them in securing independent proof of sobriety. This prevented the defendants from gathering evidence during a crucial period, which was pertinent in preparing a case for their defense. Due to the substantial prejudicial deprivation of rights, the only just remedy was a dismissal of the DWI charges.
When a person is arrested for DWI, they have the right to have a witness come and observe them during the administration of their evidentiary breath test. Before administering the test, a person is afforded the right to call potential witnesses (typically friends and family) to come observe the test. The test will not be delayed for more than 30 minutes from the time the person is given the right to contact any potential witnesses. If a witness is able to come to the testing location, they will escorted to the evidentiary breath testing room to observe the person provide the breath sample. This provides the person with an independent witness, who may form his own opinion as to the person's state of intoxication, and may testify as part of the defense. Preventing a potential witness from the ability to observe the breath test is a violation of N.C.G.S. 20-16.2(a)(6), substantially prejudicial to a person's defense, and the basis for a dismissal of a DWI charge by filing a Knoll Motion.
In addition to allowing for a witness to observe the breath test, N.C.G.S. 20-16.2(a)(5) provides that a person has the right to seek his own independent chemical analysis after the evidentiary breath test is performed. Thus, when a person is released from jail pursuant to a DWI, they may go to the hospital or other independent testing facility to receive an independent chemical analysis. This is typically done by way of blood draw at the hospital. This is exactly why people who are charged with DWI are streamlined through jail as fast as the jail is able to process them out. If the person is delayed in jail (which can happen during holidays like July 4th where a lot of people are arrested and the jail is very busy) for an excessive amount of time, the amount of alcohol in their body dissipates. This prevents them from receiving an accurate independent chemical analysis and may violate the person's statutory rights. A substantial delay in out-processing a person from jail who is charged with DWI may substantially prejudice a person's defense, and be the basis for a dismissal of a DWI charge by filing a Knoll Motion.
Understand that DWI / DUI law in North Carolina is complex. If the charging officer, chemical analyst, jail personnel, and magistrate don't all follow the proper procedures, you may build a defense against your charge and establish the basis for a dismissal. If you have any questions or concerns regarding Knoll Motions, or would like to speak to a qualified DWI attorney / DUI attorney regarding a DWI charge, feel free to contact Adkins Law. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
The Knoll Motion is a reference to the North Carolina Supreme Court's ruling in State v. Knoll, 322 N.C. 535, 369 S.E. 2d 558 (1998). InKnoll, the Court dismissed driving while impaired charges against defendants in three separate cases. The Court found that in each case the magistrate had committed substantial statutory violations, which prejudiced them in the preparation of their defense. The Knoll Court held that the magistrate set conditions on pretrial release, which prevented access to witnesses during evidentiary breath testing, and delayed them in securing independent proof of sobriety. This prevented the defendants from gathering evidence during a crucial period, which was pertinent in preparing a case for their defense. Due to the substantial prejudicial deprivation of rights, the only just remedy was a dismissal of the DWI charges.
When a person is arrested for DWI, they have the right to have a witness come and observe them during the administration of their evidentiary breath test. Before administering the test, a person is afforded the right to call potential witnesses (typically friends and family) to come observe the test. The test will not be delayed for more than 30 minutes from the time the person is given the right to contact any potential witnesses. If a witness is able to come to the testing location, they will escorted to the evidentiary breath testing room to observe the person provide the breath sample. This provides the person with an independent witness, who may form his own opinion as to the person's state of intoxication, and may testify as part of the defense. Preventing a potential witness from the ability to observe the breath test is a violation of N.C.G.S. 20-16.2(a)(6), substantially prejudicial to a person's defense, and the basis for a dismissal of a DWI charge by filing a Knoll Motion.
In addition to allowing for a witness to observe the breath test, N.C.G.S. 20-16.2(a)(5) provides that a person has the right to seek his own independent chemical analysis after the evidentiary breath test is performed. Thus, when a person is released from jail pursuant to a DWI, they may go to the hospital or other independent testing facility to receive an independent chemical analysis. This is typically done by way of blood draw at the hospital. This is exactly why people who are charged with DWI are streamlined through jail as fast as the jail is able to process them out. If the person is delayed in jail (which can happen during holidays like July 4th where a lot of people are arrested and the jail is very busy) for an excessive amount of time, the amount of alcohol in their body dissipates. This prevents them from receiving an accurate independent chemical analysis and may violate the person's statutory rights. A substantial delay in out-processing a person from jail who is charged with DWI may substantially prejudice a person's defense, and be the basis for a dismissal of a DWI charge by filing a Knoll Motion.
Understand that DWI / DUI law in North Carolina is complex. If the charging officer, chemical analyst, jail personnel, and magistrate don't all follow the proper procedures, you may build a defense against your charge and establish the basis for a dismissal. If you have any questions or concerns regarding Knoll Motions, or would like to speak to a qualified DWI attorney / DUI attorney regarding a DWI charge, feel free to contact Adkins Law. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.