blank

The Government in Your Dashboard

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

blank

Private Clubs and Public Vehicular Areas

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

blank

Limited Driving Privileges Following Out-of-State DWI Convictions

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

blank

The Requirement that Medical Providers Withdraw Blood in Implied Consent Cases

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

blank

Insurance Points: Yet Another Cost of Traffic Convictions

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

blank

Limited Driving Privileges Following Revocations for Willful Refusals

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

blank

State v. Wilkerson and the Authentication of Electronic Evidence

I recently heard a police detective say that the internet was the worst thing that ever happened to law enforcement.  He explained that before advent of the internet, criminals had to leave their homes to hook up with other criminals. That movement could easily be tracked by the police. These days conspiracies can be hatched … Read more

blank

State v. Smith: Dog Alerts and Particularized Suspicion

Last August, the court of appeals in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120, temp. stay granted, __ N.C. __, 731 S.E.2d 179 (mem.) (2012), decided an issue of first-impression related to a drug dog alert and the reasonableness of an ensuing Fourth Amendment search. Since we haven’t yet blogged about Smith, … Read more

blank

Nunc pro tunc . . . Not so much

Last July, former Wake County district court judge Kristin Ruth pled guilty to willfully failing to discharge the duties of her office, a misdemeanor offense, for her role in signing ex parte orders prepared by a defense attorney that, among other things, ordered that certain conviction dates in DWI cases be entered “nunc pro tunc” … Read more