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WILMINGTON, NC (WWAY) — Brian Berger will not spend any time in jail for his DWI charges.

The New Hanover County Commissioner was back in court this morning closing the case on two arrests in the last 14 months.

"You're story has been played out in public more than, I think, any other elected official that I can ever recall," the judge told Berger. "Hopefully this is going to close one of those chapters and let you move on."

To close this chapter, Berger pleaded guilty to DWI and drug possession Monday morning.

"He was treated fairly," Berger's attorney Buddy Allard said. "He was treated like anyone else in the public who would have been facing the same situation."

The charges stem from his December arrest when police found Berger passed out in a car on Masonboro Loop Road. Investigators say Berger had four different types of pills on him, including two for which he did not have a prescription.

Berger was originally charged with felony drug possession, but that charge was reduced to a misdemeanor. The District Attorney's Office also dropped an impeding traffic charge as well as a DWI charge from December 2012.

"I think it allows him a perfect opportunity to address personal issues that will make things better for him in the future," Allard said.

But leaving the courtroom, Berger had nothing to say about his future.

The judge sentenced Berger to 48 hours community service while suspending a 120-day jail sentence. He will be on supervised probation for a year. If he completes that successfully, the judge said the drug charge will be dropped.

Berger began the day facing an arrest warrant for missing a court hearing Jan. 23. Berger, who found out about the warrant from WWAY, said that day he did not know he had a court date scheduled.


Comment on this Story

  • William Savage

    Dear Old Asshole,
    You apparently have your head so far up your ass that you can’t read or understand the statement, “the DA dropped an impeding traffic charge as well as a DWI charge from 2012”. It’s also apparent that you consider yourself much more intelligent and knowledgeable than the VA doctors and other professionals, on PTSD problems. It’s also obvious that you never served in the military (I did 1963-1967, including Viet Nam). Anyone with your distain for the men and women that have fought and died for your right to make such stupid statements, must be very unstable and paranoid. Crawl back in your hole and wait for that next welfare check!

  • Old Guy

    Dear Mr. Guesty,
    We all make mistakes but DWI get dropped everyday in New Hanover Count and within North Carolina. Oh Well I guess one won’t hurt anyone.

  • guesty

    Dear Old Guy,
    You need to read this from the story: “The District Attorney’s Office also dropped an impeding traffic charge as well as a DWI charge from December 2012.”

  • Old Guy

    Dear Mr. Savage,
    You need to read that the drug charge would be dropped when Berger completes the judge’s sentence not the DUI or that is here in North Carolina DWI. There is a difference. By the way the PTSD diagnosis is a bunch of crap. What about all of the veterans from
    World War II, Korea and Vietnam? All of those people that served our country that came back were told to deal with it, that it was “Shell Shock” and just to get over it. Most of the veterans that claim PTSD are a bunch of drug addicts and drunks to begin with. They went over to the middle east with those problems and then came back to the government giving them drugs to overcome the “shell Shock” Oh well I’m telling you to tell your son to “just get over it”!

  • Guest2020

    Actually, the resolution to his case was rather typical and anyone would have been given the same regardless of whether they had an appointed attorney or retained attorney. He was given no special treatment.

    Sadly, that just means that drunk drivers get a slap on the wrist and are free to drive drunk again. Yes, they get their licenses revoked, but that doesn’t keep them off the roads.

  • William Savage

    How does someone get a DUI “dropped”? Where was the MADD group that’s normally directing DUI sentencing in NH county. My son who served his country and has been documented by the VA with PTSD that was shown to have affected his alcohol problems, could not get a DUI dropped or reduced. “Good ole boy” club is alive and still thrives in NH county.

  • SurfCityTom

    if people who post put in half as much effort in being informed and getting out to the polls, Berger, White, and others would not be elected.

  • Barry

    Well he got another break. The first DWI swept under the rug no matter how you look at it. How long did he lose his license? My guess,,,within 6 months he will have violated his probation and,,,,,,will skate on that also.

  • BadLuckBob

    Family Court here in New Hanover County is much worse!!! They lawyers and the family court judges are all “in bed together”.. This is horrible for everyone who has faith and trust in our system.

  • to0muchtodue

    This is like watching a weekly drama on TV. And the saga continues. It’s just not one you like enough to watch. Boring as the people involved.

  • MG

    The remark from Berger’s attorney that “he was treated like anyone else” is a joke. The DA’s office dropped charges and reduced others and did not push for any jail time. If Berger had been poor and represented by a public defender he would not have been treated the same.

    I, for one, am sick of those in positions (from Berger to Beiber) being given special treatment by the so-called justice system.

  • Berger received Special Treatment

    I’m sorry, but my husband had two DWIs, same as Berger, and NEVER a drug charge or any other charge for that matter and was given 8 days in jail, revoked license for 36 mths, supervised probation for 36 mths, alcohol assessment to be completed, and over $3000 in court cost/fines. This was also the only time he ever was in trouble. Also it took three years for it to go before a judge and he has not been in trouble since. So who received special treatment?

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