DWLR and Out-of-State Revocations
Suppose a police officer patrolling a city street lawfully pulls over a car with out-of-state tags. When the officer asks the driver for his driver’s license, the driver tells the […]
March 25, 2013
State crime lab backlogs and the right to speedy trial
The state crime lab and other local laboratories perform nearly 10,000 blood toxicology analyses annually, the vast majority of them in impaired driving cases. Unlike breath analysis results, which the […]
March 14, 2013
Proving Drugged Driving
Drunk driving has long been a phrase in the national lexicon of terms related driving and public safety. Over the past decade, a companion term—drugged driving—has entered into common usage […]
March 4, 2013
Continuing DWI Cases So the Analyst Can Appear
Trial courts may ultimately control their calendars, but there certainly is some power-sharing along the way. The constraints on a trial district court’s authority to manage the flow of litigation are […]
February 19, 2013
Whose Burden is it?
The State’s failure to accord a defendant his or her statutory implied consent rights as set forth in G.S. 20-16.2 may render the results of any ensuing breath test inadmissible. When a […]
February 4, 2013
You’ve got to know when to hold ’em
Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses. In addition to taking into account all of the factors […]
January 28, 2013
Breath Tests: Can you believe them?
A six-year battle in Minnesota regarding the reliability of breath test results in impaired driving cases in light of alleged defects in the testing instrument’s source code ended last summer. […]
January 24, 2013
No, Virginia, there is no implied consent
I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits […]
January 17, 2013
State v. Wilson: Constitutional Violations Associated with DWI Blood Draw Not a Basis for Dismissal of Charges
Kelvin Wilson’s DWI case made the front page of Lawyer’s Weekly last January. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted […]
January 16, 2013
Court of Appeals Holds that CDL Disqualification Bars DWI Prosecution
I’m not buying a lottery ticket this week. The court of appeals’ opinion in State v. McKenzie, published yesterday, casts serious doubt on my wagering skills. And if my wagers […]
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- Maggie Bailey
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- M. Jeanette Pitts
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