2005 North Carolina Code - General Statutes § 20-138.4. Requirement that prosecutor explain reduction or dismissal of charge involving impaired driving.

§ 20‑138.4.  Requirement that prosecutor explain reduction or dismissal of charge involving impaired driving.

Any prosecutor must enter detailed facts in the record of any case involving impaired driving explaining the reasons for his action if he:

(1)       Enters a voluntary dismissal; or

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

(3)       Substitutes another charge, by statement of charges or otherwise, if the substitute charge carries a lesser mandatory minimum punishment or is not an offense involving impaired driving; or

(4)       Otherwise takes a discretionary action that effectively dismisses or reduces the original charge in the case involving impaired driving.

General explanations such as "interests of justice" or "insufficient evidence" are not sufficiently detailed to meet the requirements of this section. (1983, c. 435, s. 25; 1987 (Reg. Sess., 1988), c. 1112; 1989, c. 771, s. 18.)