Daubert and Expert Testimony of Impairment (July 1, 2014)
Shea Denning
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, […]
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July 1, 2014
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, […]
READ POST "Daubert and Expert Testimony of Impairment (July 1, 2014)"June 30, 2014
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 […]
READ POST "Drugged Driving and Jury Instructions (June 30, 2014)"June 19, 2014
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 […]
READ POST "Public Service or Obstruction of Justice? (June 19, 2014)"June 12, 2014
Post bail and skip out on court in North Carolina and chances are that someone other than a law enforcement officer will come looking for you. Bail bondsmen in this […]
READ POST "Bail Bondsmen Are Not Above the Law (June 12, 2014)"June 5, 2014
A man who drove his sport utility vehicle into a group of cyclists in Cabarrus County in May 2010, injuring six of them, and drove away without stopping was convicted […]
READ POST "May a Separate Count of Hit and Run Be Charged for Each Person Injured? (June 5, 2014)"May 22, 2014
I realize that the last update was only a few months ago, but I have updated my traffic stops paper again. It now includes a discussion of the United States Supreme […]
READ POST "Updated Traffic Stops Paper Now Available (May 22, 2014)"May 21, 2014
Growing up in North Carolina, the only time I saw toll roads was when my family took a road trip out of state. But now that I’m a middle-aged soccer […]
READ POST "Is Failure to Pay a Toll a Crime? (May 21, 2014)"May 14, 2014
The General Assembly convened earlier today for its short session. While lawmakers’ primary focus doubtless will be the state budget, the legislature may again consider ways to address the persistent […]
READ POST "Preventing Impaired Driving (May 14, 2014)"May 13, 2014
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the […]
READ POST "My Girlfriend’s AK-47 (May 13, 2014)"May 7, 2014
The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1. A defendant convicted of driving while impaired is subject to sentencing […]
READ POST "Top 3 Questions About Level A1 DWI Sentences (May 7, 2014)"