Bullcoming and Substitute Analysts
On June 23rd, the U.S. Supreme Court decided Bullcoming v. New Mexico. As anticipated, the case turned out to be a straightforward application of Melendez-Diaz v. Massachusetts, 557 U.S. __, […]
June 27, 2011
DWLR as a Grossly Aggravating Factor for DWI Sentencing
Grossly aggravating or just grossly confusing? When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]
June 22, 2011
Requests for Blood in Death by Vehicle Cases
G.S. 20-141.4 sets forth six offenses based upon the unlawful killing or injuring of another during the commission of a motor vehicle offense. All but one of these death or […]
June 16, 2011
What Not to Do in an Impaired Driving Case (Post II)
The first post in this series discussed State v. Taylor. This one recounts the what not to do lessons from last week’s court of appeals’ decision in State v. Petty […]
June 9, 2011
What Not to Do in an Impaired Driving Case (Post I)
If I were to compile guidance for law enforcement officers and judges on “what not to do” in an impaired driving case, I’d be sure to include excerpts from two […]
June 2, 2011
Reckless Driving
Reckless driving is among the most commonly charged, and most broadly defined, motor vehicle offenses. Three types of reckless driving, all Class 2 misdemeanors, are defined in G.S. 20-140. First, […]
June 1, 2011
Ruse Checkpoints
I wrote a paper about motor vehicle checkpoints last year. It’s available here. Once in a while, I get asked about so-called ruse checkpoints, a subject that I didn’t address […]
May 19, 2011
Proving the Per Se Prong of Impaired Driving without a Chemical Analysis
The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]
May 2, 2011
Seizure of Vehicles in DWI Cases
Three bills introduced in the General Assembly this session provide for seizure and forfeiture of motor vehicles involved in certain motor vehicle offenses. House Bill 451 provides for seizure of […]
April 26, 2011
Driving After Notification or Failure to Appear
[Editor’s note: Sorry that there was no post yesterday. I was travelling and didn’t have reliable internet access. We’re back on track today.] The misdemeanor offenses of driving after notification […]
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