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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
October 26, 2011
I’ve recently been asked by several people whether it is lawful to require officers to issue a certain number of citations, or to make a certain number of arrests, per […]
October 24, 2011
Police officers, city and county attorneys, private citizens and others frequently inquire about the circumstances under which the owner of private property may arrange for a vehicle parked on that […]
October 18, 2011
Want to frighten your 16 or 17-year-old this Halloween? Tell her that if she is charged with speeding more than 15 mph over the speed limit, she’ll be arrested and […]