A UNC School of Government Blog
Shea Denning One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, traveling from one watering hole to another by means of the pedal power they supply. In addition to providing the power-source for locomotion, riders provide … Read more
(Editor’s note: Jamie Markham is a co-author of this post.) Level A1 DWI. The General Assembly created Aggravated Level One sentencing for misdemeanor impaired driving in 2011. See S.L. 2011-191 (enacting G.S. 20-179(f3)). Level A1 sentences require a term of imprisonment that includes a minimum term of 12 months and a maximum term of not … Read more
I was on vacation with my family last week, and there’s nothing quite like a drive across our fair state to spur interest in motor vehicle laws. Here are a few of the questions that my clan raised along the way. On Interstate 40 1. When will our six-year-old be able to ride without a booster … Read more
Nearly two thousand defendants were charged last year with aiding and abetting driving while impaired in violation of G.S. 20-138.1. A defendant aids and abets impaired driving when he knowingly advises, instigates, encourages, or aids another person to drive while impaired and his actions cause or contribute to the commission of the crime. See State … Read more
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in court to testify that the records met the requirements for the business records hearsay exception. Turns out, however, that because of this rule, custodians of … Read more
Forget all your legal training. Pretend you are a juror in a DWI case. Facts. The following facts were established at trial: The defendant was stopped at a checkpoint. The officer smelled alcohol and defendant admitted that he had consumed two glasses of wine earlier in the evening. No field sobriety tests were administered, and … Read more
As state crime lab backlogs increase, it takes longer and longer for blood drawn in connection with impaired driving cases to be tested. In some of these cases, the State may opt to proceed to trial without the results. And sometimes defendants are eager to plead guilty before such blood is tested. A defendant who … Read more
The National Transportation Safety Board’s recommendation that states lower their per se blood alcohol concentrations for impaired driving from 0.08 to 0.05 grabbed headlines last week. But the BAC reduction wasn’t NTSB’s only recommendation. Overlooked in the 0.05 hullabaloo was NTSB’s endorsement of the Sniffer. That’s right. The Sniffer. It’s more powerful than a nose. … Read more
Whether a suspect refused to submit to a breath test is a hotly contested issue in many impaired driving cases. That determination is critical to two proceedings: the administrative proceeding to determine whether the person’s license will be revoked as a result of the alleged refusal and the criminal trial at which a refusal may … Read more
Even the greenest of prosecutors knows to ask it. And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the it? The opinion question, of course. You’ll find the following exchange recorded in many a DWI transcript. Q: Did you form an opinion, satisfactory to … Read more