Attorney Allen Brotherton Discusses DWI Grossly Aggravating Factors in North Carolina
By the DWI Criminal Defense Attorneys at Knox Law Center in Charlotte & Lake Norman
When it comes to the grossly aggravating factor for driving a moped instead of driving a vehicle, what conditions apply in that scenario?
If your license is revoked from prior DWI, and you get another DWI in a car, then that is a grossly aggravating factor that you were driving at that time while your license was still revoked from previous DWI. That same grossly aggravating factor would not apply to riding on a moped when you got another DWI because the way it is defined in the statue, it requires you to be in a position where you could be guilty of driving while license is revoked from the prior DWI. Since you don’t have to have a license for the moped, that wouldn’t apply.
A little known fact is that grossly aggravating factors often times assume people get accused of, but it turns out it does not apply unless you’re on a public street or highway. If you’re in a parking lot, you can’t get that grossly aggravating factor because you couldn’t be found guilty of driving while your license is revoked.
The attorneys at Knox Law Center have been providing effective DWI criminal defense services for decades in Mecklenburg county and Charlotte, NC. Our attorneys can help navigate the confusing and expensive process of clearing clients charged with criminal offenses from their records, reinstating their driving privileges and generally helping to put the criminal charges behind them. Give our Charlotte DWI lawyers a call today to learn more about your options.
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