The DWI Year in Review, Part II
Whether there was probable cause to arrest the driver is a hotly litigated issue in cases involving impaired driving. Unfortunately, there aren’t all that many appellate opinions addressing the hard […]
June 16, 2015
The DWI Year in Review, Part I
Don’t call the School of Government next week. We’ll all be out. Next week is conference-time for many of the court officials we serve, and we will be traversing the state (driving […]
June 10, 2015
The License Plate Game
The school year ends this week so it is just about time for another Denning family road trip. Despite the minivan with bucket seats, the DVD player, and multiple portable […]
June 3, 2015
State v. Leak: Defendant Unlawfully Seized During License Check
The United States Supreme Court held in Rodriguez v. United States, ___ U.S. ___, 135 S. Ct. 1609 (2015) (discussed here), that a law enforcement officer may not extend a […]
May 21, 2015
When the Trial Court Has the Last Word
Litigants sometimes are surprised by circumstances in which a trial court’s ruling in a case is not capable of review on appeal. The court of appeals recognized one such situation […]
May 11, 2015
Speeding: Local Ordinance Violation or State Law Infraction?
Suppose a North Carolina city adopts an ordinance establishing a local speed limit of 25 miles per hour for all city streets that are not otherwise marked. Signs are posted […]
May 5, 2015
DWI Bills That Made the (First) Cut
Last week was crossover deadline at the General Assembly–a major event for lawmakers, legislative staffers, lobbyists and policy wonks. If you don’t fall into any of these categories, the deadline […]
April 29, 2015
Do Implied Consent Procedures Apply to the Withdrawal of Blood Pursuant to a Search Warrant?
In most DWI cases, the State obtains evidence of a defendant’s alcohol concentration from a breath-testing machine. In order for the results of such a breath test to be admissible […]
April 22, 2015
Supreme Court Rejects “De Minimis” Extension of a Traffic Stop to Deploy a Drug Dog
Yesterday, the Supreme Court decided Rodriguez v. United States, an important traffic stop case that changes North Carolina law as it pertains to certain drug dog sniffs, and perhaps other […]
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