Charlotte, NC asked in DUI / DWI for North Carolina

Q: Passed out while driving, wrecked, charged with DWI. Given 24hrs of comm. service, can't do it due to health. What to do

I felt fine that day, suddenly passed out while driving, wrecked, totaled my car. No others involved, caused property damage, insurance handled. Officer arrested me, charged DWI. I was very cooperative, voluntarily took blood test, made them aware of all meds I take and health issues. Hired DWI lawyer, advised to just plead guilty, only my prescription Valium was in my system, I don't drink. Judge never considered my health issues or how long I've been on that med and well aware of side effects. She just saw Valium on the report, said it caused me to fall asleep, not pass out. Knew nothing about me, never addressed me directly in court or even looked at me. Gave me the usual fines, etc, and 24hrs community service, which physically I'm not able to complete on time. She could put me in jail for 24 hours minimum. Do I have any options since I've pled guilty just to avoid trial because I'm physically and mentally to ill to handle anymore? I'm scared to death of jail. What can I do?

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1 Lawyer Answer
Kevin Moghtanei
Kevin Moghtanei
  • DUI & DWI Lawyer
  • San Fernando, CA

A: Thank you for your question. In this instance, is advisable to visit your doctor, who can write a note indicating the you are physically unable to complete the community service hours. Also, in many jurisdictions/ courthouses, there should be a community labor/ service office where you can ask them for a Medical Sheet. On that sheet/ form, there will be activities listed that your doctor can fill, e.g. your ability to life 5lbs, 10lbs, bend over, etc. If your doctor can indicate that you are unable to fulfill the service obligation, then you can take it Court. And maybe the Judge and/or Prosecutor will be much more understandable. Perhaps they will suspend/ delete the obligation. Hope this helps!

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