Our founder, Clarke Dummit, won another DWI case based upon the Corpus Delicti rule.
Our client got charged with DWI after the Winston-Salem police officer heard the crash and drove over to the scene of the wreck 3 minutes later. When the officer arrived our client was out of the car with the hood open looking at the damage to the grill. There was another person at the scene who could have been driving, but our client said he was driving. There was no physical evidence that our client was driving, and the only circumstantial evidence (that our client owned the car, and was at the scene) led equally to the conclusion that he was a passenger. Our client was arrested and blew a .17 at the station.
What is Corpus Delicti?
Mr. Dummit of Dummit Fradin made a motion to dismiss at the close of the State’s case under the Corpus Delicti rule. Corpus Delicti is a Latin term which means “body of the crime.” The rule requires the state to have some evidence that a crime was committed beyond the bald confession of a person.
In spite of the case law argued, the court did not dismiss the case at the close of the State’s evidence. But Mr. Dummit fought on. At the end of the trial, he was found not guilty based upon a reasonable doubt that he was the driver. While the Court did not grant the Corpus Delicti motion to dismiss, the court did agree later that the rule prevented a conviction under these circumstances.
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If you’ve recently been charged with DWI, we urge you to speak with an experienced DWI lawyer today. There are various time-sensitive matters with a driving while impaired charge. Our attorneys are ready to hear your case and give you honest feedback regarding your options. Contact us today to schedule a free consultation.