Is Automatism or Involuntary Intoxication a Defense to DWI? (February 28, 2012)
Shea Denning
Since the start of the new year, I’ve been meaning to return to the court of appeals’ December 2011 opinion in State v. Clowers, __ N.C. App. __ , 720 […]
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February 28, 2012
Since the start of the new year, I’ve been meaning to return to the court of appeals’ December 2011 opinion in State v. Clowers, __ N.C. App. __ , 720 […]
READ POST "Is Automatism or Involuntary Intoxication a Defense to DWI? (February 28, 2012)"February 15, 2012
The lead story in the January 30, 2012 issue of North Carolina Lawyer’s Weekly was headlined “Necessary’s Restraint: The night police officer Richard Necessary sat on a drunk-driving suspect in […]
READ POST "The Forcible Extraction of Blood in Impaired Driving Cases: How Much Force Is Too Much Force? (February 15, 2012)"February 7, 2012
A recent en banc decision from the Supreme Court of Missouri adds to the growing divide among state appellate courts regarding whether the exigency created by the dissipation of blood-alcohol […]
READ POST "Warrantless Blood Draws and the Fourth Amendment (Again) (February 7, 2012)"February 1, 2012
Among the opinions filed by the North Carolina Supreme Court last Friday was an order captioned “In the Matter of District Court Administrative Order.” Without providing any factual background regarding […]
READ POST "In the Matter of District Court Administrative Order (February 1, 2012)"January 26, 2012
Misdemeanor death by vehicle is defined in G.S. 20-141.4(a2) as (1) unintentionally causing the death of another person (2) while violating a State law or local ordinance applying to the […]
READ POST "Qualifying Predicate Traffic Violations for Purposes of Misdemeanor Death by Vehicle (January 26, 2012)"January 11, 2012
Part I of this post ended by noting that, like the racing forfeiture provisions in G.S. 20-141.3—and unlike the DWI seizure and forfeiture laws—the new felony speeding to elude seizure […]
READ POST "Run and You’re Done — Part 2 (January 11, 2012)"January 10, 2012
My nomination for catchiest short title of the 2011 legislative session goes to House Bill 427, enrolled and chaptered as S.L. 2011-271, and short-titled “Run and You’re Done.” The aptly […]
READ POST "Run and You’re Done — Part 1 (January 10, 2012)"November 23, 2011
The Structured Sentencing Act permits judges to consolidate convictions for multiple felony offenses entered at the same time or multiple misdemeanor offenses entered in the same session of court and […]
READ POST "Consolidated Judgments and DWI (November 23, 2011)"November 15, 2011
As most readers of this blog know, many people charged in North Carolina with driving while impaired and other implied consent offenses suffer the immediate consequence of having their driver’s […]
READ POST "Civil License Revocations and Double Jeopardy (November 15, 2011)"October 31, 2011
The court of appeals’ recent decision in State v. Pierce, __ N.C. App. __ (October 18, 2011), analyzed whether a defendant could properly be convicted of second degree murder for […]
READ POST "State v. Pierce: Malice and Foreseeability in Death by Vehicle Prosecutions (October 31, 2011)"