A UNC School of Government Blog
Shea Denning The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of these offenses might be an appropriate way to reduce the cost to the State of providing appointed counsel. Section 15.17 of S.L. 2009-451 directed IDS … Read more
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) complete an affidavit averring that the implied consent testing procedures have been followed and stating the results of the test or that the person willfully … Read more
Jeff Welty blogged here about inconsistent verdicts. As he explained, a defendant generally isn’t entitled to relief from inconsistent verdicts, which may result from jury irrationality, a jury’s desire to cut the defendant a break, or some other unknown reason. The defendant is protected by the court’s review of whether substantial evidence supports the charge … Read more
I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five punishment for another day. That day is upon us. If the judge or jury in the sentencing hearing determine that there are no GAFs, the … Read more
The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met the “consecutively administered tests” requirement for admissibility of a chemical analysis pursuant to former G.S. 20-139.1(b3). (As amended in 2006, the provision now requires “at … Read more
More than a decade ago, the General Assembly enacted G.S. 20-141.5, making it a Class 1 misdemeanor to operate a motor vehicle on street, highway, or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his public duties. If two or more aggravating factors … Read more
Among the most recent batch of opinions issued by the Court of Appeals was State v. Tellez, in which the court upheld the defendant’s conviction of two counts of second-degree murder and one count of felonious hit and run arising from a fatal car crash. Here are the facts: Defendant went to a party in … Read more
I first encountered North Carolina’s impaired driving sentencing scheme several years ago when I worked as an Assistant Federal Public Defender for the Eastern District of North Carolina. I represented defendants charged under the Assimilative Crimes Act, 18 U.S.C. § 13, with committing violations of assimilated state offenses on a certain federal enclave in Fayetteville. … Read more
The New York Times published this editorial last week advocating that all people convicted of impaired driving – including first-time offenders – be required to install ignition interlocks in their vehicles. The editorial was prompted by California Governor Arnold Schwarzenegger’s signing of legislation imposing such a requirement for several California counties. Ignition interlock is a … Read more
This blog post was inspired by my lunchtime jog across campus last week, and, more specifically, by the driver of the car who sped toward me as I darted across the crosswalk on Raleigh Road. You know who you are . . . Pedestrians have the right of way. It’s a mantra I used frequently … Read more