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Commission Recommends Changes to DWI Laws and Correctional Policies

The North Carolina Sentencing and Policy Advisory Commission released last November a report recommending several changes to the state’s impaired driving laws and correctional policies. The report marked the culmination of more than three years of study that included examination of DWI sentencing and correctional data as well as consideration of input from law enforcement, prosecutors, defense attorneys, and providers of substance abuse treatment. The report’s fifteen recommendations address issues ranging from pretrial conditions of release for defendants charged with impaired driving to the place of confinement for defendants serving active sentences.

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More on Efforts to Reduce Impaired Driving

This is not the first (and likely will not be the last) blog post about research findings and strategies to reduce impaired driving.  A few months ago, I wrote about a veteran researcher’s recommendations to expand ignition interlock and conduct more high visibility enforcement. Last week, I wrote about the risks posed by impaired drivers, the prevalence of impairment by alcohol versus other impairing substances, and the percentage of impaired drivers involved in fatal crashes who have previously been convicted of impaired driving. This week’s post addresses research in two areas related to efforts to reduce impaired driving: (1) the impact of transportation network companies, like Uber and Lyft, on the incidence of impaired driving; and (2) British Columbia’s success in reducing impaired driving through a program imposing administrative, rather than criminal, sanctions.

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Straight Talk about DWI

Happy New Year, everyone.

A few months ago, I blogged about the continuing phenomenon of impaired driving, the fatalities resulting from crashes involving impaired drivers, and recommendations from experts about how to reduce the incidence of impaired driving. Some of the feedback I received indicated that talk of solutions ought to be preceded by common agreement on the nature of the problem.

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Case Summaries — N.C. Court of Appeals (11/19/2019)

This post summarizes opinions issued by the Court of Appeals of North Carolina on November 19, 2019. Trial court did not err in denying defendant’s motion to suppress evidence obtained from a search of the defendant’s purse when officer testified that the defendant voluntarily consented to the search, notwithstanding contradictory testimony from the defendant. State … Read more

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Reducing Impaired Driving 2.0

The National Highway Traffic Safety Administration (NHTSA) recently released this report on fatal motor vehicle crashes in 2018. The number of traffic fatalities nationwide decreased modestly last year as did the number of alcohol-impaired driving fatalities. In North Carolina, the number of fatalities in both categories modestly increased in 2018. In the aggregate, neither the national nor the state numbers reflect much change in the fatality rate associated with traffic crashes generally or impaired driving-related crashes specifically. While there were precipitous declines in alcohol-impaired driving fatalities from 1982 to 2000, since that time the number of impaired driving-related fatalities has remained rather constant. A similar plateau exists for all types of traffic fatalities, for which the fatality rate per 100 million vehicle miles traveled has remained relatively static for the last decade. This flat trend line has safety advocates wondering what they can do, particularly in the impaired driving context, to push the trend line toward zero.

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Test Yourself this Humpday

My colleagues and I traversed the state last week speaking at fall conferences for various associations. One conference staple is the criminal law case update. I created a criminal law quiz for one such session, and I thought readers might want to try their hand at answering ten criminal law questions recently addressed by the appellate courts. So, here is your quiz:

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Changing Charges after State v. Bryant

Brittany Bryant was charged with misdemeanor larceny for allegedly stealing acne toner and towelettes valued at $14.94 of from a Wal-Mart in Raleigh. The prosecutor agreed to reduce the charge from larceny to shoplifting. She accomplished that in a manner familiar to district court practitioners. She struck through the charging language of the citation, wrote in “shoplifting,” and initialed and dated the document. Bryant then pled guilty to shoplifting by concealing merchandise and was sentenced.

Bryant later sought to set aside her conviction on the basis that the prosecutor improperly amended the citation. The court of appeals agreed, holding in State v. Bryant, ___ N.C. App. ___ (October 1, 2019), that the amendment was improper and deprived the district court of jurisdiction.

Bryant has left many wondering how misdemeanor charges may be amended to charge different, and less serious, offenses without subjecting the convictions to collateral attack.

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