Geisslercrain Sends Green Packing
This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness. There was a little too much madness and not enough […]
March 20, 2014
Be careful what you wish for . . . Kostick further muddles Knoll analysis
The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing. For starters, the Knoll court’s decision hinged […]
March 13, 2014
Attempting to Drive While Impaired
Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock […]
March 11, 2014
The Community Caretaking Exception to the Warrant Requirement
The court of appeals recently expanded the community caretaking exception to the warrant requirement, entering a national controversy over the proper scope of the doctrine. This post explains the exception […]
March 6, 2014
Citizen’s Arrest!
You don’t have to attend basic law enforcement training to identify a potential impaired driver. Plenty of folks without police training could roll off a list of tell-tale signs, including […]
February 26, 2014
When Officers Are Above the Law
The television news magazine 20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether […]
February 20, 2014
Driving While Stoned
The New York Times reported earlier this week that driving under the influence of marijuana is significantly less risky than driving with a blood-alcohol concentration of 0.08. That’s a good […]
February 10, 2014
No Checkpoint Policy? No Checkpoint Evidence.
Regular and well-publicized checkpoints are an important component of the State’s effort to curtail impaired driving. Checkpoints provide specific as well as general deterrence. A handful of impaired drivers typically […]
February 5, 2014
Presumptive Sentences in DWI Cases
Author’s Note: The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here. How can a sentencing factor found by a judge that […]
January 30, 2014
Updated Paper on Traffic Stops
I’ve just completed a revision of my paper on the law of traffic stops. It covers both when an officer may make a stop and what an officer may do […]
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