DWI Knoll Motions
May 21 @ 12:00 pm - 1:00 pm
The Mecklenburg County Public Defender’s Office is hosting a free to attend presentation on DWI Knoll Motions. Pending approval by the NC State Bar, this presentation is for 1 other hour.
Please register here: Register for May 21st DWI Knoll Motions
When: May 21, 2025 12-1pm. You may log on or enter the 4th floor conference room by 11:45.
Where: Any place you have internet or the 4th floor conference room of the Mecklenburg County Public Defender’s Office (720 E 4th St. Take elevator to 4th floor and conference room on left). If attending in person, you are welcome to bring your lunch.
What: The North Carolina Supreme Court’s opinion in State v. Knoll ordered the dismissal of driving while impaired charges for three defendants, finding that a substantial statutory violation in setting pretrial release conditions irreparably prejudiced each defendant. Knoll and its progeny create unique avenues to seek dismissal of impaired driving charges. This session will discuss several common and uncommon statutory violations and how to establish the elusive “prejudice” that Knoll requires. This session will also discuss the difference between statutory and constitutional violations in setting conditions of release.
The Pre-Trial Integrity Act, N.C.G.S. §15A-533, requires that a judge rather than a magistrate set conditions of release in certain circumstances. This new law can result in someone charged with DWI held without bond, which may provide grounds for a motion to dismiss under Hill and Knoll. This session will discuss these opportunities.
Who: David Eil has been an Assistant Public Defender in Mecklenburg County since 2021.
Kathryn McEvoy graduated from the University of Virginia School of Law in 2023. In Virginia, she practiced as a student attorney with the Charlottesville Public Defender in both adult and juvenile defense. Kathryn has been an Assistant Public Defender in the Mecklenburg County Public Defender’s Office since October 2023.
Please email Anthony.F.Monaghan@nccourts.org with any questions or concerns.
