A UNC School of Government Blog
Shea Denning 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
I blogged here about a new law, that prohibits texting while driving effective December 1, 2009. Texting while driving is an infraction, a non-criminal violation of the law, punishable by a $100 fine and costs of court. As one blog-reader noted, there are significant questions about how law enforcement officers will enforce the new law, … Read more
The Associated Press just published this story about a federal program in Idaho and Texas in which officers are trained to draw blood from people suspected of impaired driving. The notion is that blood draws counter the evidence lost as a result of breath test refusals, thereby resulting in fewer trials, more convictions and greater … Read more
If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation Clause may bar the admission at a sentencing hearing in an impaired driving case of a chemical analysis offered to prove an aggravating factor based … Read more
Editor’s note: The News and Observer has a point/counterpoint today about the merits of the new law against texting while driving. Check it out here and here. The New York Times reported recently that Transportation Secretary Ray LaHood announced plans for a “‘distracted driving summit’” to be held in September to address legal and policy … Read more
I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without more, constitutes probable cause to believe that a defendant has committed the offense of impaired driving. My answer? No. My reasoning? First, you can’t tell … Read more
Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with impaired driving and driving with a revoked license. Donna Defendant is convicted of both offenses in district court. At the sentencing hearing, the district court … Read more
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants witnesses who are subject to the defendant’s right of confrontation under the Sixth Amendment. I’ve been pondering the impact of the court’s holding on the … Read more
[Update: the state supreme court reviewed this case, reversing in part, as described here.] The court of appeals published its opinion in State v. Davis this week, a case in which it affirmed the defendant’s convictions for felony serious injury by vehicle, assault with a deadly weapon inflicting serious injury, two counts of felony death … Read more