A UNC School of Government Blog
Shea Denning Post bail and skip out on court in North Carolina and chances are that someone other than a law enforcement officer will come looking for you. Bail bondsmen in this state have expansive powers to recapture their principals. Bondsmen may use reasonable force to apprehend a principal—even before a bond is forfeited. See State v. Mathis, … Read more
A man who drove his sport utility vehicle into a group of cyclists in Cabarrus County in May 2010, injuring six of them, and drove away without stopping was convicted last year of five counts of felony hit and run inflicting injury and one count of misdemeanor hit and run. The Independent Tribune reported that … Read more
They say the only thing better than having a boat is having a friend with a boat. In my case, that friend is my brother-in-law, who not only has a boat, but also is a stickler for boating safety. That didn’t stop my kids, however, from questioning his every move over Memorial Day weekend. He … Read more
Growing up in North Carolina, the only time I saw toll roads was when my family took a road trip out of state. But now that I’m a middle-aged soccer mom, toll roads are an essential part of my weekend travel from soccer fields in one end of Wake County to another. (I know that … Read more
The General Assembly convened earlier today for its short session. While lawmakers’ primary focus doubtless will be the state budget, the legislature may again consider ways to address the persistent problem of impaired driving. Among the bills eligible for consideration this session is House Bill 41, which would amend the State’s license restoration laws to … Read more
The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1. A defendant convicted of driving while impaired is subject to sentencing at Level A1 if three or more grossly aggravating factors apply. G.S. 20-179(c). Typically, defendants sentenced at this level are repeat offenders, though it is … Read more
Law enforcement officers may stop a vehicle when they have reasonable suspicion to believe that the driver has violated a traffic law. See State v. Styles, 362 N.C. 412, 415, 665 S.E.2d 438, 440 (2008). This rule applies regardless of whether the offense is a felony, misdemeanor or infraction, and regardless of whether the officer … Read more
Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct. 1552 (2013), affects the lawfulness of testing carried out pursuant to a state’s implied consent laws. McNeely held, in the context of a blood draw performed over a defendant’s objection, … Read more
Not showing up for court is, generally speaking, bad trial strategy. In criminal court, such behavior can result in such unpleasantness as entry of an order for arrest and the revocation of one’s driver’s license. In civil court, a defendant’s failure to respond can result in a default judgment for the entire sum claimed by … Read more
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors of speeding and reckless driving while also punishing him separately for those same misdemeanor traffic offenses violated double jeopardy. Facts. The facts in Mulder are disturbing. … Read more