We are putting the final touches on the new edition of the North Carolina Sentencing Handbook – publication date forthcoming! As part of revising and updating the DWI Sentencing portion, three updates stood out to me as warranting some more discussion. First, the legislature has expanded delegated authority for probation officers to include probationers sentenced for impaired driving under G.S. 20-179. Second, the Court of Appeals further clarified the presumption for unsupervised probation and requirements for transferring a probationer from supervised to unsupervised probation. Third, a new mitigating factor was added for voluntary pretrial installation of an ignition interlock device. Read on for more details.
Motor Vehicles
State v. Moore: Some Foundation Required for DRE Testimony
In light of the recent Court of Appeals opinion State v. Moore, this post is a follow-up to the 2018 blog post State v. Fincher: No Foundation Required for DRE Testimony by my colleague Shea Denning.
Rule 702 of the North Carolina Rules of Evidence governs the admissibility of expert testimony. Rule 702(a) requires the proponent to show that the expert testimony is based on sufficient facts or data (Rule 702(a)(1)), the product of reliable principles and methods (Rule 702(a)(2)), and the result of the witness reliably applying the principles and methods to the facts of the case (Rule 702(a)(3)). That said, there are circumstances where the proponent is not required to make these showings. Rule 702(a1)(2) permits a witness to give expert testimony about whether a person was impaired, and by what category of impairing substance, “notwithstanding any other provision of law” when the witness holds a current certification as a Drug Recognition Expert (DRE). In a case of first impression, the Court of Appeals held that the proponent of expert testimony by a witness properly certified as a DRE must nonetheless meet the showing required by Rule 702(a)(3) that the testimony is the result of the witness reliably applying the principles and methods to the facts of the case. Read on for more detail.
Summer 2025 Motor Vehicle Law Changes
The legislature enacted a raft of changes this summer to motor vehicle and criminal law. This post examines three session laws that enhanced criminal penalties and revised regulations for motor vehicle offenses and operation. The changes cover broad ground, including changing vehicle inspection requirements, authorizing speed-measuring cameras, and heightening penalties for certain motor vehicle offenses that result in injury. Read on to learn more.
A Guide to Vehicle Seizures: Drugs and Alcohol
Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture in North Carolina. It will cover the different circumstances in which law enforcement may seize vehicles and judges may order them forfeited. This post is a preview of two circumstances that will be included in the bulletin. One circumstance is when the vehicle is used as part of an offense related to a controlled substance. Another circumstance is when a vehicle is used to unlawfully transport nontaxpaid alcoholic beverages. Read on for the preview.
When is Driving While License Revoked a Grossly Aggravating Factor?
There are six sentencing levels for Driving While Impaired (DWI) convictions. A defendant is only exposed to the three most severe levels (A1, 1, and 2) if a judge or jury finds the existence of one or more “grossly aggravating factors” beyond a reasonable doubt. These factors are listed in G.S. 20-179(c). One of them is “[d]riving by the defendant at the time of the offense while the defendant’s driver’s license was revoked pursuant to G.S. 20‑28(a1).” Rather than applying to all revocations, G.S. 20-28(a1) applies when person’s license is revoked for an “impaired driving revocation.” At first glance, it appears any time a person is convicted of DWI, if their license was revoked for an impaired driving revocation, this grossly aggravating factor would apply and elevate their sentencing exposure—but that may not be the case. Read on for more.
State v. Watlington: Court Clarifies Unit of Prosecution for Hit and Run
Author’s Note: This post has been modified from its original based on the reissuance of the opinion on April 16, 2025.
Earlier last month, the Court of Appeals decided State v. Watlington, COA23-1106, ___ N.C. App. ___ (2025). Among other issues, in its decision the Court addressed an open question: what is the unit of prosecution for a hit and run? May the defendant be charged once for leaving the scene of a crash that causes injury, or instead may a separate charge be issued for each person injured? (Shea Denning wrote about that issue and the framework for analysis in 2014, noting then that the question had not been directly addressed by our appellate courts). We now have an answer: the unit of prosecution is the number of crashes from which the defendant fled, not the number of people injured. Read on for further details.
Motor Vehicle Seizures: Temporary Release Pending Trial
In previous posts, I’ve addressed the expedited scheduling requirements and opportunities for permanent release of motor vehicles seized pursuant to G.S. 20-28.3. Today, I’ll address the ways a motor vehicle may be released temporarily pending trial or final disposition of the underlying offense. Generally speaking, this temporary release permits a motor vehicle owner to obtain temporary possession of the vehicle conditioned on meeting certain prerequisites and agreeing to return the motor vehicle on the day of the forfeiture hearing. Read on for more.
Pretrial Release of Seized Motor Vehicles
In every case where a person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1), the motor vehicle driven is subject to seizure and forfeiture. This is also true in DWI cases where, at the date of offense, the defendant’s driver’s license was revoked for an impaired driving revocation or the defendant did not have a valid license nor insurance. When in district court, these cases have expedited calendaring requirements (discussed here). This is in part to preserve the vehicle’s value while the case is pending. Upon seizure, the vehicle is usually first towed to a local storage facility, then transferred to the facilities of a state contractor within a few days. There are fees for towing, as well as accruing fees for storage. Whether the motor vehicle is released to its owner, a lienholder, or forfeited to the county board of education, these towing and storage fees must be paid. Often, these fees are paid out of the proceeds of the sale of the vehicle. While expediting the underlying case towards resolution is one way to minimize these fees, another is release of the vehicle before case disposition. This post addresses the circumstances under which a vehicle may be fully released pretrial and does not have to be brought back for a later forfeiture hearing.
License Plate Readers, Highway Pilot Program, and New Offense
A few months ago, I wrote about Session Law 2023-151 providing for new sentencing enhancements for breaking or entering motor vehicles and other conveyances. Another part of the bill, Part V, authorizes a pilot program for placing and using automatic license plate readers (ALPRs) on “state rights-of-way.” It also adds G.S. 20-183.33 to Article 3D of Chapter 20, making it a Class 1 misdemeanor for anyone to obtain, access, preserve, or disclose data collected by ALPRs in any manner other than that allowed by the Article. The readers are already in use across much of the state, so what will the effect be of the pilot program? And what are the implications of criminalizing the unlawful access or mishandling of data collected? Read on for more.
New Publication on Driver’s License Revocations, Restorations and Privileges
I am thrilled to announce the availability of a new publication, Driver’s License Revocations, Restorations, and Limited Driving Privileges in North Carolina. This is the first School of Government publication that combines information on triggering events and convictions that lead to the revocation of a person’s North Carolina driver’s license, how and when driving privileges may … Read more