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Enforcing Ignition Interlock Requirements

I wrote last week about changes to North Carolina’s ignition interlock statutes that were effective June 1, 2022.  As I noted in that post, one of those changes was to eliminate the time and purpose restrictions that otherwise apply to limited driving privileges if ignition interlock is required as a condition and the person is driving a designated vehicle equipped with ignition interlock. Another was to require vendors to waive a portion of ignition interlock costs for a person ordered by a court or required by statute to install ignition interlock but who is unable to afford the system. These changes and others enacted by S.L. 2021-82 were recommended by the Ignition Interlock Subcommittee of the Statewide Impaired Driving Task Force as part of a package of reforms designed to expand the use of ignition interlock and, in turn, to improve traffic safety. It remains to be seen whether the legislation will have that effect.

One determinant may be whether drivers see the benefit of broader driving privileges as being worth the cost of ignition interlock. A judge may be more likely to impose the condition when it is sought by an applicant. Another factor may be whether judges believe that ignition interlock is an effective countermeasure to impaired driving (researchers in fact identify interlock as among the leading countermeasures) and whether ignition interlock requirements in limited driving privileges are enforced in practice. This post addresses this last issue by reviewing the mechanisms for enforcing ignition interlock requirements and the sanctions for violation of ignition interlock conditions imposed by a court as part of a limited driving privilege.

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Ignition Interlock Changes Effective June 1

Last year, the General Assembly enacted significant changes to the state’s ignition interlock laws. See S.L. 2021-182. Some of those changes became effective June 1 and are reflected in revised limited privilege order and application forms published by the Administrative Office of the Courts (AOC). This post reviews those changes and links to the revised forms.

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Does an NC Limited Driving Privilege Authorize Driving in Another State?

Conviction of a host of criminal offenses (many, but not all involving vehicles) may lead to the revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (NCDMV). See, e.g., G.S. 20-13.2, 20-16, 20-17, 20-17.3. For certain types of revocations when statutory criteria are satisfied, a state court judge may issue a limited driving privilege that authorizes a person to drive during certain hours for limited purposes, notwithstanding the revocation of the person’s driver’s license. See, e.g., G.S. 20-179.3. Questions occasionally arise about whether the issuance of such a privilege authorizes driving in another state.

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Disturbing Behavior, Harassment and Threats to Public Employees

Editor’s Note: This post has been updated in response to helpful feedback from a reader. 

A few weeks ago, my colleague Jill Moore asked me to participate in a recorded interview addressing whether certain disturbing or threatening behavior from citizens directed at public officials and employees could support criminal prosecution. Jill is an expert in public health law so the questions she posed related primarily to concerns raised by officials and employees who work in that field. More recently, another colleague advised that social services employees had similar questions. I thought it might be helpful to share here my thoughts on the questions they posed.

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Criminal Investigations and Public Records

The Court of Appeals held earlier this month in In re Public Records Request to DHHS, 2022-COA-284, ___ N.C. App. ___ (May 3, 2022), that the State had no authority to initiate an action in superior court seeking to prevent the disclosure of documents related to its investigation of the death of John Neville, who died while imprisoned in the Forsyth County Law Enforcement Detention Center. This post will review that decision as well as the rules that govern the disclosure of records related to a criminal investigation.

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Case Summaries – Court of Appeals of North Carolina (May 3, 2022)

This post summarizes published criminal law decisions from the Court of Appeals of North Carolina released on May 3, 2022.  These summaries will be added to the School’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.

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Greenville’s Red Light Camera Program Ruled Unconstitutional

Author’s Note:  The opinion discussed below was reversed in relevant part by Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024). 

Two men cited in separate instances for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the city’s red light camera enforcement program violated the state constitution. Among other claims, the men argued that the program violated the Fines and Forfeitures Clause contained in Article IX, Section 7 of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected for violations. The Court of Appeals in Fearrington v. City of Greenville, 2022 NCCOA 158, __ N.C. App. __ (2022), agreed, holding that the funding framework violated the state constitution.

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