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Dozens of local DWI cases could get revisited

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WILMINGTON -- A first of its kind appeal was heard in New Hanover County court Tuesday. A DWI case from last January is being appealed by the District Attorney's office. The case is one of 83 in the county that had been dismissed because magistrates booking DWI suspects didn't submit a required form. If the District Attorney's office wins the appeal dozens of cases thrown out earlier in the year may be prosecuted in court after all. The case is expected to resume Wednesday.

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DWI

I think ALL cases of DWI's should be allowed whether the "proper" paperwork is there or not. These idiots get in their car & drive with no concern of others safety. It breaks my heart to hear these news stories where someone was driving while impaired. They don't stop to think of the children or Mom's & Dad's. Who are they to take a loved one away? It is my wish that people would stop & think of their actions BEFORE they act like idiots & get behind the wheel. If you want to be selfish & take your life that's one thing, but don't jeapordize anyone else's!!

Double Jeopardy

Double jeopardy only applies if the defendants had gone to trial and were found not guilty. Since the charges were dismissed prior to trial, they can be recharged. It shouldn't have to go that far. Do it right the first time and don't worry about it. The public is supposed to have confidence in the DA's office and the magistrates in their county. I don't see that here.

incorrect.jeapordy attaches

incorrect.jeapordy attaches once the jury is sworn in in the case of a jury trial and once the state starts to prevent evidence in a bench trial

Unconstitutional? I think so...

Does this not qualify as double jeopardy? These people have already gone to court and had their charges dropped; therefore they are innocent. I do realize that they did break the law, but it is not THEIR FAULT THAT THE NEW HANOVER COUNTY MAGISTRATES AND DA DID NOT KNOW HOW TO FOLLOW PROPER PROTOCOL. They should not have to go to trial again! This is unfair, and unconstitutional.

Maybe Not....

Looks like they might have a chance to jam these people up... "...As double jeopardy applies only to charges that were the subject of an earlier final judgment there are many situations in which it does not apply despite the appearance of a retrial. For example a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not guilty. Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes though many state and federal laws allow for limited prosecutorial appeals from these orders...." I think it is baloney that due to mistakes of the DA's office and Magistrates, that the the people will have to deal with a trial. They were wrong but it is not their fault others are incompetent.