Crusade Against Illegal Immigration Thwarts DWI Prosecution

RALEIGH, N.C. -- A Wake County District Court Judge dismissed DWI charges against Stephanie Smith on Friday, June 19, 2009 after the Defendant prevailed on a Motion to Dismiss. David J. Ward, Esq., attorney for the Defendant, contended that the continued detention of Ms. Smith subsequent to her breath test was illegal under North Carolina Law.

Ms. Smith was arrested on November 26, 2008 and taken to the police station so that she could submit to a breath alcohol test. Under North Carolina Law, when an individual is arrested for a DWI, an individual is not permitted to be detained any longer than necessary for a magistrate to make a determination of probable cause absent additional facts justifying a prolonged detention. Ms. Smith was detained for approximately 4 hours subsequent to her breath test.

The State contended that Ms. Smith’s prolonged detention was justifiable due to the Wake County Jail’s “287(g)” program. By implementing a 287(g) program, the Wake County Sheriff’s Office has certain Detention Deputies trained by Immigration and Customs Enforcement to detect and detain illegal aliens. The Deputies in charge of the 287(g) program in Wake County detained Ms. Smith in order to determine her citizenship status. The Court ruled that the case should be dismissed because Ms. Smith was a natural born United States Citizen.

David Ward, attorney for Ms. Smith stated “The illegal detention of Ms. Smith came at a crucial time when she could have gathered evidence in her own defense. Any time public sentiment results in reactionary programs like the 287(g) Program, there are always going to be unintended consequences. As long as Counties in North Carolina continue to participate in programs that result in the illegal detention of US citizens, we are going to see more cases like Ms. Smith’s.”

ABOUT DAVID WARD: David J. Ward is a criminal defense attorney in Raleigh, North Carolina. Mr. Ward is the current president of the Wake County Academy of Criminal Trial Lawyers. The Ward Law Firm handles misdemeanor and felony criminal defense matters in Wake, Durham, Orange and Chatham Counties. More information on the firm and attorneys can be found at www.WardLawFirmNC.com.

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