A UNC School of Government Blog
Shea Denning Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the Arizona Supreme Court’s holding that, independent of the state’s implied consent law, the Fourth Amendment requires an arrestee’s consent to be voluntary to justify a … Read more
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute an exigency in every impaired driving case sufficient to excuse the Fourth Amendment’s warrant requirement. McNeely’s holding comported with the analysis that the North Carolina … Read more
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). To his credit, he complied and asked how he could help. As a result, I not only got relief, but I got to pick the … Read more
The court of appeals’ decision last January in State v. McKenzie was big news in the DWI world. The state’s intermediate appellate court held the one-year disqualification of a defendant’s commercial driver’s license (CDL) stemming from charges that he drove his personal vehicle while impaired amounted to criminal punishment. Thus, the court of appeals concluded, … Read more
DWI law scholars, answer the following question. Are the results of all breath tests that were administered to the defendant admissible in an implied consent case? Yes, if the results from any two consecutively collected breath samples do not differ from each other by more than 0.02. No, only the two consecutively collected breath samples … Read more
Is it reasonable to believe that the car an impaired driver is operating contains evidence of the DWI? That’s the question law enforcement officers must answer in a post-Gant world before searching the vehicle recently operated by a defendant arrested for DWI and secured outside the vehicle. Review. The United States Supreme Court held in … Read more
Our family gathers at the coast for Labor Day weekend. You’d be amazed how many motor vehicle law questions my relatives can generate over the course of a few hours on the road and a few days in the sand and surf. What follows is a sampling of this weekend’s questions and my answers. 1. … Read more
School started back this week across the state, which means that many school buses are traveling the roadways. Buses in my neighborhood hit the pavement early—one drove by this morning shortly after 6 a.m.—and often still are completing their routes when commuters begin to drive home from work. The advent of a new school year … Read more
The North Carolina Court of Appeals decided its first breath-testing source code case yesterday. The court in State v. Marino affirmed the trial court’s determination that the defendant had no right to examine the source code for the Intoximeter EC IR II, the instrument used to analyze his breath alcohol concentration after he was arrested … Read more
What is the basis for the indefinite license revocation reflected in the driving record entry below? A. A revocation under G.S. 20-24.1 for failure to appear for a motor vehicle offense. B. A revocation under G.S. 20-24.1 for failure to pay a fine, penalty or court costs ordered by the court upon conviction of a … Read more