Is a Burned Out Brake Light a Basis for a Stop?
We’ll start with a pop quiz: A police officer sees that the right brake light of a vehicle fails to illuminate when the driver applies brakes while driving down a […]
September 27, 2011
Per se impairment, reasonable doubt, margins of error, and all that lies between
G.S. 20-138.1(a)(2) prohibits a person from driving a vehicle upon a highway, street or public vehicular area after having consumed sufficient alcohol that the person has, at any relevant time […]
September 19, 2011
The Link Between License Revocations and Failures to Appear
In 1985, the General Assembly reclassified certain minor traffic violations as a new type of non-criminal violation, termed an infraction. S.L. 1985-764. Though the legislation provided that infractions were to […]
September 12, 2011
The Skinny on Substance Abuse Assessment and Treatment for DWI Offenders
When a person’s license is revoked for certain offenses involving impaired driving, the person must, before his or her license may be restored, obtain a substance abuse assessment and complete […]
August 31, 2011
Lee v. Gore: Averment of Willful Refusal Necessary before DMV Can Revoke
The North Carolina Supreme Court decided Lee v. Gore last Friday, affirming the court of appeals and holding that DMV lacked authority to revoke the petitioner’s driving privileges pursuant to […]
August 24, 2011
DWI Sentencing Changes
In addition to enacting the aggravated level one punishment for impaired driving discussed here, the 2011 General Assembly amended the requirements for imposing a Level One impaired driving sentence, effective […]
August 11, 2011
Qualifying Convictions for Purposes of Habitual DWI
G.S. 20-138.5(a) provides that “[a] person commits the offense of habitual impaired driving if he or she drives while impaired as defined in G.S. 20-138.1 and has been convicted of […]
August 3, 2011
S.L. 2011-385 Targets Unsafe Driving by Teenagers
Fifteen years ago, the General Assembly enacted S.L. 1997-16, implementing graduated driver’s licenses requirements for people under the age of 18, who are termed provisional licensees. Pursuant to G.S. 20-11, […]
July 28, 2011
Post-Release Supervision for Aggravated Level One DWI Offenders
Shea Denning summarized S.L. 2011-191, Laura’s Law, in a prior post. To recap, the law adds a new punishment level for impaired driving sentencing, Aggravated Level One (hereinafter Level A1), […]
July 13, 2011
Laura’s Law
In yesterday’s post, Jeff mentioned Laura’s Law, which increases the maximum punishment for impaired driving. Today’s post discusses those provisions in more detail. S.L. 2011-191, dubbed Laura’s Law in recognition […]
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- Maggie Bailey
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