H33 and North Carolina Driver’s License Requirements
The State House of Representatives recently passed H 33, “An Act to Provide that Certain Consulate or Embassy Documents May Not be Used to Determine a Person’s Identification or Residence […]
April 6, 2011
Hit and Run
Hit and run is a term used to describe several felony and misdemeanor offenses set forth in G.S. 20-166, a statute in which neither the term “hit” nor “run” appears. […]
March 28, 2011
When Does DWI Resulting in Death Amount to Second Degree Murder?
Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]
March 14, 2011
Retrograde Extrapolation Alive and Well
I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree […]
February 23, 2011
Reduction or Dismissal of Charges in Implied Consent Cases
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]
February 22, 2011
Miranda and Field Sobriety Tests
Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]
February 2, 2011
Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part II)
Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]
February 1, 2011
Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part I)
Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked […]
January 24, 2011
Think You Know North Carolina’s Open Container Law?
[Editor’s note: This post was revised slightly on January 25, 2011, in response to a helpful comment.] Here’s a quiz. Ashley Angel, who is 21 and a senior in college, […]
January 12, 2011
State v. Dewalt and Speeding to Elude
The court of appeals decided State v. Dewalt last week, holding that the aggravating factor of driving while license revoked, when used to elevate misdemeanor speeding to elude arrest to […]
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