A UNC School of Government Blog
Shea Denning I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits the police to compel the withdrawal of blood from an impaired driving suspect without a warrant. But there’s one thing I already know: The legal … Read more
Kelvin Wilson’s DWI case made the front page of Lawyer’s Weekly last January. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted having his blood drawn, a police officer sat on him to facilitate the extraction. The blood evidence was suppressed (with the State’s agreement) at Wilson’s … Read more
I’m not buying a lottery ticket this week. The court of appeals’ opinion in State v. McKenzie, published yesterday, casts serious doubt on my wagering skills. And if my wagers are this suspect when I make an educated guess, I don’t want take on the odds in a game of chance. McKenzie holds, over a … Read more
Horses are vehicles, according to our state court of appeals. In State v. Dellinger, 73 N.C. App. 685 (1985), the court upheld the defendant’s conviction for impaired driving based upon his riding of a horse on a street with an alcohol concentration of 0.18. The court reasoned: G.S. 20-171 renders traffic laws applicable to persons … Read more
The National Transportation Safety Board (NTSB) thinks states ought to require ignition interlock as a condition of driving for anyone convicted of DWI, including first-time offenders. So does the U.S. Congress. The NTSB made its recommendation last week as part of its report on a special investigation into vehicle crashes occurring as a result of … Read more
Is the parking lot of a private social club a public vehicular area for purposes of North Carolina’s impaired driving laws? Yes, in most circumstances, it is. Public vehicular areas (or PVAs) include any area within the state “used by the public for vehicular traffic at any time.” G.S. 20-4.01(32) sets forth several illustrative examples … Read more
I’ve written several posts (the latest one here) about the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving in violation of G.S. 20-138.1. A limited driving privilege is a judgment issued in the discretion of the court authorizing a person with a revoked driver’s … Read more
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from a defendant suspected of impaired driving. The nurse reportedly was released from handcuffs after Smithfield police arrived, and charges against the suspected impaired driver were … Read more
Jeff wrote last week about the court costs associated with traffic infractions, which are significant, even for minor traffic offenses. As he mentioned, these costs are not the only financial burden imposed upon drivers found responsible for traffic infractions or convicted of traffic offenses. Drivers who seek representation in such proceedings also incur attorney’s fees. … Read more
Several earlier posts (here, here and here) address the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving. Such a privilege allows a person to lawfully drive—for limited purposes at limited times—during the period of the revocation. I wrote here about DMV’s authority to revoke a … Read more