Articles in the Motor Vehicles category - Page 24 of 38

Author’s Note:  The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here.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 […]

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 […]

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, […]

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. […]

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. […]

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 […]

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 […]

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 […]

The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]

Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]