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DWI court ruling stops legal loop hole

READ MORE: DWI court ruling stops legal loop hole
After months of deliberation and court appeals, a decision has been made in a DWI case we've been following. It involves a North Carolina man who wanted his DWI conviction dismissed because he says his constitutional rights were violated, but a superior court judge didn't agree. Over the past year, dozens of DWI cases have been in legal limbo due to errors in the court system, but, after ruling late this week, there will be less leeway for DWI cases to be thrown out on a technicality. In January 2007, 24 year old Charles Rippetoe was charged with drunk driving in Wrightsville Beach, but when the case went to court, a judge tossed it out because a magistrate court judge didn't file a required form at the time of Rippetoe's arrest. The paperwork mishap opened the door for defendants to use as a legal loop-hole to get their cases thrown out. However, a superior court judge ruled Friday that omitting the document isn't a question of violating the constitution, just a mere technical error that doesn't warrant the case being dismissed. After a number of appeals from the state, this ruling is considered a significant win in a ongoing battle. Now, some 83 DWI defendants will have their day in court. New Hanover County District Attorney, Ben David says with the new ruling, guilty defendants won't be able to run from justice. The state now believes with all the confusion cleared up, future DWI cases will go through the court system smoothly.

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what about our rights?

Hey Charles Rippetoe what about our right to be able to drive without being hit by a drunk driver? You took the drinks, drove a car and got caught. Be a man, stand up and take your punishment.

Easy to Disregard Rights

Let's just shoot 'em all in the head by the side of the road. There's no risk of ever being wrongly accused, right? And no one should have the right to a fair bail hearing, right? 'Cause the Constitution was supposed to protect the rights of the accused, the minority opinion, and the like, and that's Old School. Nobody cares about that anymore. You all want to hang 'em all quickly.

Fairness is stupid....

....and will not get it until he himself is a victim. Then he will cry in his little girlie voice about why this guy was even on the road. Wake up MORON, the guy blew over twice the LEGAL limit. Thats all the evidence or probable cause or resonable doubt most of us need to convict. He was driving the wrong way on a one way street. Fairness did you even read the original article? And what's this got to do with a bail hearing, this is a trial issue? I guess you would rather it go back "Old School" where you could just kill who you wanted when you drove drunk but most of us like the modern way of punishing these serious offenders.

come to work

I know Fairness, why don't you pull a shift with me at the hospital and try to patch up the poor soul that was on his way home from work, the store or where ever that was plowed by a drunk? You seem so worried about them, how about their victims? The drunks are usually fine because the alcohol has them nice and limber so they bounce around the car a little and then walk away from the chaos they caused. It is almost always an innocent driver that is now dead. You deal with that!

Drunk Drivers

Due process is important, I agree. But a piece of paper not filed at the exact moment it should have been should not be the reason that a person who was arrested for driving drunk gets off scott free. Getting into a car and driving drunk is like loading a gun and walking around downtown during a festival with tons of people, with an itchy finger on the trigger. You know you shouldn't do it, you know that the chances of someone getting hurt or even killed are there, but you do it anyway. In 2004, while on his way home from work, my husband's best friend was killed by a drunk driver. A 3 time DUI offender. Driving without a license. In a friend's truck who knew he wasn't legally supposed to drive. If he had only called a cab or gotten his friend to drive him home, our lives would not have been ripped apart. But here we are... still reading about how a loophole might keep these boneheads from facing the consequences of their possibly deadly decisions. I am glad that this has been fixed and now those who are guilty of driving while under the influence will get their day in court. I hope that you never have to face this type of grief in your lifetime.

If you blow a .08% and were driving...

...then you don't have to worry about "your rights." It's prima facie evidence of your guilt. You're a criminal, plain and simple, and no one cares about criminals.


Its a privelage to have a license to drive on the road in this state to begin with. Why do you people think these jackasses have rights after they get loaded to get behind the wheel and endanger their sorry life as well as all other people that are doing what they supposed to be doing. You people need to wake up before someone has to come to your house at 2 in the morning telling you that your loved one is not coming home.


Ok, sounds good to me. You must have had a DWI. Fairness is going through the court process, not trying to get your lawyer to get you out of it because of a silly technicality.


HA HA HA HA. About time the drunks get what they deserve. I bet you all think before you get behind the wheel of a car.