§ 20-138.4. Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case. - North Carolina Statutes

§ 20‑138.4.  Requirementthat prosecutor explain reduction or dismissal of charge in implied‑consentcase.

(a)        Any prosecutorshall enter detailed facts in the record of any case subject to the implied‑consentlaw or involving driving while license revoked for impaired driving as definedin G.S. 20‑28.2 explaining orally in open court and in writing thereasons for his action if he:

(1)        Enters a voluntarydismissal; or

(2)        Accepts a plea ofguilty or no contest to a lesser included offense; or

(3)        Substitutes anothercharge, by statement of charges or otherwise, if the substitute charge carriesa lesser mandatory minimum punishment or is not a case subject to the implied‑consentlaw; or

(4)        Otherwise takes adiscretionary action that effectively dismisses or reduces the original chargein a case subject to the implied‑consent law.

General explanations such as"interests of justice" or "insufficient evidence" are notsufficiently detailed to meet the requirements of this section.

(b)        The writtenexplanation shall be signed by the prosecutor taking the action on a formapproved by the Administrative Office of the Courts and shall contain, at aminimum:

(1)        The alcoholconcentration or the fact that the driver refused.

(2)        A list of all priorconvictions of implied‑consent offenses or driving while license revoked.

(3)        Whether the driverhad a valid drivers license or privilege to drive in this State as indicated bythe Division's records.

(4)        A statement that acheck of the database of the Administrative Office of the Courts revealedwhether any other charges against the defendant were pending.

(5)        The elements thatthe prosecutor believes in good faith can be proved, and a list of thoseelements that the prosecutor cannot prove and why.

(6)        The name and agencyof the charging officer and whether the officer is available.

(7)        Any reason why thecharges are dismissed.

(c)        (See Editor'snote on effective date) A copy of the form required in subsection (b) ofthis section shall be sent to the head of the law enforcement agency thatemployed the charging officer, to the district attorney who employs theprosecutor, and filed in the court file. The Administrative Office of theCourts shall electronically record this data in its database and make itavailable upon request. (1983, c. 435, s. 25; 1987 (Reg. Sess., 1988), c. 1112; 1989, c. 771,s. 18; 2006‑253, s. 19; 2007‑493, s. 16.)