Pedal While You Drink
Shea Denning
One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, […]
July 29, 2013
One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, […]
Read post "Pedal While You Drink"July 22, 2013
(Editor’s note: Jamie Markham is a co-author of this post.) Level A1 DWI. The General Assembly created Aggravated Level One sentencing for misdemeanor impaired driving in 2011. See S.L. 2011-191 […]
Read post "No Good Time to Be Had for Level A1 DWI Inmates"July 18, 2013
Law enforcement use of automated license plate readers has become very widespread. It raises several interesting legal and practical issues which I briefly explore below. What are they? License plate […]
Read post "License Plate Readers"July 17, 2013
I was on vacation with my family last week, and there’s nothing quite like a drive across our fair state to spur interest in motor vehicle laws. Here are a […]
Read post "Road Trips Raise the Darndest Questions"June 27, 2013
Nearly two thousand defendants were charged last year with aiding and abetting driving while impaired in violation of G.S. 20-138.1. A defendant aids and abets impaired driving when he knowingly […]
Read post "Aiding and Abetting Impaired Driving"June 20, 2013
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in […]
Read post "Special Rules for the Admission of Hospital Medical Records"June 13, 2013
Forget all your legal training. Pretend you are a juror in a DWI case. Facts. The following facts were established at trial: The defendant was stopped at a checkpoint. The […]
Read post "Jury Instructions for DWI"June 10, 2013
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
Read post "Beyond Legislative Solutions to Melendez-Diaz"June 6, 2013
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, […]
Read post "Do Old DWIs Count toward Felony Prior Record Level?"June 3, 2013
As state crime lab backlogs increase, it takes longer and longer for blood drawn in connection with impaired driving cases to be tested. In some of these cases, the State […]
Read post "Avoiding Ignition Interlock by Pleading Guilty"