A UNC School of Government Blog
Criminal procedure aficionados, close your red books and riddle me this:
A district court judge in a DWI case preliminarily grants a defendant’s motion to suppress. The State appeals to superior court. The superior court affirms the district court’s determination and remands the case for entry of an order suppressing the evidence and dismissing the charges. The district court enters the order. Does the State have the right to appeal?
Just a few short years ago, self-driving cars seemed futuristic. Now the future is here. If you drive in the Triangle, self-driving cars will soon appear on a road near you.
My colleagues here have previously blogged about the impact of Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015), and my predecessor Alyson Grine created a handy chart summarizing North Carolina cases on the matter, found here. Rodriguez of course held that a traffic stop may not be extended beyond the time necessary to accomplish the purpose of the stop, absent reasonable suspicion or consent, and effectively overruled prior case law in NC allowing de minimis extensions of such stops. In December, the Court of Appeals issued a new, unanimous decision applying this rule in State v. Miller, ___ N.C. App. ____ (Dec. 20, 2016), temp. stay allowed, ___ N.C. ___ (Jan. 4, 2017). I found it noteworthy for the role that the officer’s body-camera footage played, as well as for the fact that the court applied plain error review to grant the defendant a new trial.
Among the questions I am most frequently asked is: What is the proper charge when a person violates an alcohol concentration restriction on his or her driver’s license? As soon as I answer that question, the next one comes in: Is the answer the same if the person violates an ignition interlock restriction? When I say that it is not, additional questions follow. If you too are unsure about the rules for charging and processing a person who is suspected of violating one of these types of license restrictions, I’m hoping the rest of this post will clear things up.
Joshua Wilson had just pulled his truck out of the driveway of a residence in Burlington when he saw a police car parked in the road in front of him. A uniformed officer had gotten out of the car and was walking toward the residence. When the officer saw Wilson, he waived his hands back and forth in the air to tell Wilson to stop his car. Wilson stopped. The officer approached the truck on the driver’s side. The window was down, and he smelled the odor of alcohol. Wilson was arrested shortly thereafter for driving while impaired. The question on appeal was whether he was seized by the officer when he stopped his truck.
Five years ago, my husband “gave” me a minivan for Christmas. Sure, it was fun to find the keys in my stocking and to put one of the children in the third row seat on the way to grandma’s, forcing him to stretch to touch his siblings. But it wasn’t all fun and games. On the way back from my in-laws’ house, I sheepishly asked: So, how much are the payments? Gulp. And then there is that pesky December registration renewal, which increases my already out-sized December expenditures and adds to my long year-end “to do” list. On top of that, my registration renewal wound up costing me an extra $8 last year. Read on to learn more about my total bill and how you can avoid the new late fee for registration renewals.
A case involving charges of impaired driving is calendared on today’s district court docket. The defendant was charged more than two years ago; the case has been continued several times pursuant to motions made by the defendant and the State. When this case last appeared on the docket, the State moved for a continuance, and the defendant objected. The district court granted the State’s motion, but ordered that it be the last continuance for the State. Earlier this morning, the State again moved to continue the case. The district court denied the State’s motion, and directed the State to call the case or dismiss the charges. The State refused to take either action. What can the judge do?
Two vehicles, one traveling east and the other traveling south, arrive at approximately the same time at an intersection that is not marked by traffic signs or lights. Which vehicle may enter the intersection first?
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the most serious level) or Level 5 (the least serious). That’s because the aggravating factors that lead to elevated sentencing aren’t considered elements of the offense and thus are not required to be alleged in the charging instrument. Yet because those factors can increase the maximum punishment a defendant may receive, they must be proved beyond a reasonable doubt and, with the exception of prior convictions, be determined by a jury in superior court. And, for most charges of impaired driving prosecuted in superior court, the State must provide notice of its intent to seek aggravating factors. A case decided by the court of appeals last June, however, identifies an exception to this requirement for certain aggravating factors in driving while impaired prosecutions initiated in superior court.
Last week, I was driving with my 14-year-old son and his 15-year-old friend in the car. My son criticized me for not turning left out of parking lot when, according to he-who-has-never-driven, I had “plenty of time” to do so. His friend, who recently got his learner’s permit, piped up and said, “Driving is not as easy as it looks.” You can say that again, friend.