North Carolina Criminal Law

(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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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, […]

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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 […]

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Even the greenest of prosecutors knows to ask it.  And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the […]

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