Can a Vehicle Search Incident to Arrest Include the Trunk?
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] […]
August 27, 2014
Share the Road. But How?
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 […]
August 19, 2014
Court of Appeals in State v. Townsend Beefs Up Prejudice Required for Relief under Knoll
[Author’s note: State v. Townsend was withdrawn and replaced by a subsequent opinion, available here.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 […]
August 12, 2014
Convicted of DWI? Go Directly to Jail.
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 […]
August 5, 2014
Window Tinting Requirements
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 […]
July 21, 2014
State v. Granger Adds to State’s Missouri v. McNeely Jurisprudence
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 […]
July 15, 2014
Ramp Meters: They Just May Alter Your Life
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 […]
July 1, 2014
Daubert and Expert Testimony of Impairment
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, […]
June 30, 2014
Drugged Driving and Jury Instructions
To prove that a person drove a vehicle while under the influence of an impairing substance in violation of G.S. 20-138.1(a)(3), the State must establish that the defendant was impaired […]
June 19, 2014
Public Service or Obstruction of Justice?
Impaired driving checkpoints work because they scare people—not because they ensnare people. Sure, a few people are arrested for DWI at such checkpoints. But many more are deterred from driving […]
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