Articles in the Motor Vehicles category - Page 21 of 38

Portable breath tests don’t go very far anymore in proving whether a suspect is impaired from alcohol.  That’s because the legislature amended G.S. 20-16.3(d) in 2006 to provide that the […]

Most impaired drivers arrive at their destinations without harming themselves or anyone else.  And few such drivers are actually stopped by police.  That may explain why eight percent of people […]

In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court ruled that a motor vehicle may be searched incident to the arrest of a recent occupant “only if [1] […]

Most avid bicyclists have more than one tale of a close encounter with a motorist who does not care to—or does not know how to—safely share the road with a […]

[Author’s note:  State v. Townsend was withdrawn and replaced by a subsequent opinion, available here.  The portion of the opinion discussed below was unchanged by the subsequent opinion.] No one gets […]

The General Assembly just made it a whole lot easier to determine whether a defendant imprisoned for a misdemeanor DWI conviction will serve his or her sentence in jail or […]

Driving a vehicle on a street, highway, or public vehicular area in North Carolina in violation of the window tinting restrictions set forth in G.S. 20-127 is a Class 3 […]

State v. Granger, decided last week, is the latest case in which the North Carolina Court of Appeals has considered, in light of Missouri v. McNeely, __ U.S. __, 133 […]

As a regular I-40 commuter, I feel like traffic jams are the story of my life.  And it is obvious I’m not alone.  But there may be hope.  Legislation enacted […]

With the amendment of Rule 702 of the North Carolina Rules of Evidence in 2011, North Carolina became a Daubert state. That change means that trial judges in this state, […]