Camden County Court Process

Navigating a DUI Arrest in Camden County, North Carolina: What You Need to Know

If you've been arrested for Driving Under the Influence (DUI) in Camden County, North Carolina, you're likely facing a complex legal process. Unlike counties with dedicated municipal police and local detention facilities, Camden County's DUI procedures involve unique logistical considerations that can impact your case. Understanding these nuances is crucial.

Understanding Camden County's DUI Landscape

Camden County presents unique challenges for DUI enforcement and defense. As the first consolidated city-county in North Carolina, it's a primarily rural area operating as a crucial suburban link to the Hampton Roads, Virginia metropolitan area. Crucially, Camden County does not have its own municipal police force. Law enforcement falls to the Camden County Sheriff's Office (CCSO) and the North Carolina State Highway Patrol (NCSHP). This means fewer officers are covering a larger geographic area, which can influence how DUI cases are investigated and processed.

The absence of a local jail is another key factor. If arrested for DUI, you will be transported to the Albemarle District Jail (ADJ) in Elizabeth City, Pasquotank County. This adds significant time to the arresting officer's duties, potentially affecting the circumstances of your arrest. This is at 100 East Colonial Avenue, Elizabeth City, NC 27909, (252) 338-5466.

DUI Enforcement Hotspots in Camden County

Knowing where law enforcement focuses its efforts can provide context to your arrest. The NCSHP primarily patrols US Highway 17 and NC Highways 343 and 158. These highways serve as major transit corridors, especially during tourist season, leading to increased patrols and DUI checkpoints, particularly near South Mills and the Pasquotank River bridges.

The CCSO often responds to community complaints about erratic driving, especially in residential areas like Shiloh and South Mills. A mobile app is used to receive these tips, potentially leading to directed patrols in these areas. DUI arrests also frequently stem from single-vehicle accidents, such as running off the road.

What Happens After a DUI Arrest?

After a DUI arrest in Camden County, several key steps occur:

1. Transportation to Albemarle District Jail: As Camden County lacks its own detention facility, you will be transported to the Albemarle District Jail in Elizabeth City for processing. The trip from the northern parts of Camden County to Elizabeth City can take 25 minutes, or longer during peak tourist traffic on US 17.

2. Implied Consent and Breath Test: Upon arrival at the jail (or Sheriff's office if equipped), you will be asked to submit to an evidentiary breath test using a breathalyzer machine. This is under North Carolina's Implied Consent laws. Refusal to submit to a breath test will result in an immediate driver's license revocation for one year.

3. First Appearance: Your initial court appearance will be at the Camden County Courthouse, located at 117 NC Hwy 343 N, Camden, NC 27921. As part of the First Judicial District, covering seven counties, the DA's office, public defenders, and judges rotate in and out. Your case might be heard on specific days when necessary personnel are present.

Challenges in DUI Cases in Camden County

Several factors can complicate DUI cases in Camden County:

• Lack of Paved Shoulders: Many secondary roads lack paved shoulders, making it challenging for officers to administer Standardized Field Sobriety Tests (SFSTs). This can raise questions about the validity of the tests if not conducted on a suitable surface. This may be grounds for appeal.

• Officer Availability: Due to limited staffing and the time required to transport arrestees to Elizabeth City, a DUI arrest can significantly reduce the number of deputies available to respond to other calls in Camden County.

• Reliance on Regional Resources: Blood draws, if required (especially in cases of refusal or vehicular assault), will necessitate transport to Sentara Albemarle Medical Center in Elizabeth City.

Field Sobriety Tests & Your Rights

If a law enforcement officer suspects you are driving under the influence, they will most likely request you to perform field sobriety tests. The officer should provide clear instruction about how to perform the test and ask if you have any injuries or conditions that would prevent you from performing these tests. Here are the three tests that are the most common tests performed:

• Horizontal Gaze Nystagmus (HGN): This test involves the officer observing your eye movements as you follow a moving object.
• Walk-and-Turn: You're asked to take nine steps heel-to-toe along a straight line, turn on one foot, and return.
• One-Leg Stand: You must stand with one foot raised six inches off the ground and count aloud.

These tests help establish probable cause for a DUI arrest.

The Importance of Legal Counsel

Given the unique circumstances of DUI enforcement in Camden County, it is vital to seek the advice of an attorney. An attorney can help you understand your rights, evaluate the evidence against you, and develop a defense strategy tailored to your specific case. Specifically, an attorney can challenge the legality of the traffic stop, the administration of the field sobriety tests, and the accuracy of the breathalyzer results.

The Camden County Bar Association may be able to provide referrals to local attorneys experienced in DUI defense, if needed.

Getting Started

The first step after a DUI arrest is to understand the charges against you and your legal options. Start by obtaining a copy of the arrest report from the Camden County Clerk of Court. This document will contain crucial information about the circumstances of your arrest, including the reason for the traffic stop, the results of any field sobriety tests, and the breathalyzer reading.

The Camden County Clerk of Superior Court's office can be contacted at (252) 771-2541.