Driving While Stoned (February 20, 2014)
Shea Denning
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 […]
BLOG
February 20, 2014
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 […]
READ POST "Driving While Stoned (February 20, 2014)"February 10, 2014
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 […]
READ POST "No Checkpoint Policy? No Checkpoint Evidence. (February 10, 2014)"February 5, 2014
Author’s Note: The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here.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 […]
READ POST "Presumptive Sentences in DWI Cases (February 5, 2014)"January 30, 2014
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 […]
READ POST "Updated Paper on Traffic Stops (January 30, 2014)"January 28, 2014
Local law enforcement officers have a little bit of extra territorial jurisdiction when it comes to investigating impaired driving. That grant of extra territorial jurisdiction (as opposed to extraterritorial jurisdiction, […]
READ POST "The Long Arm of the Law is a Bit Longer for DWIs (January 28, 2014)"January 16, 2014
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
READ POST "The Bill for Driving While Impaired (January 16, 2014)"January 9, 2014
Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. […]
READ POST "Trial Priority for DWI Cases and Motions to Dismiss (January 9, 2014)"December 19, 2013
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
READ POST "May Magistrates Be Compelled to Testify about Their Decision-Making Processes? (December 19, 2013)"December 4, 2013
The court of appeals decided its first post-Missouri v. McNeely alcohol exigency case yesterday. The court in State v. Dahlquist determined that the four to five hours that the arresting […]
READ POST "Four hour delay to obtain search warrant an exigency, at least for now (December 4, 2013)"November 26, 2013
The News and Observer reported Sunday on the Hamlet Police Department’s seizure of vehicles from drivers charged with low-level traffic offenses and the subsequent selling of those vehicles as scrap […]
READ POST "May the police seize and impound cars driven by people charged with minor traffic violations? (November 26, 2013)"