Ruse Checkpoints (June 1, 2011)
Jeff Welty
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 […]
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June 1, 2011
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 […]
READ POST "Ruse Checkpoints (June 1, 2011)"May 19, 2011
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 […]
READ POST "Proving the Per Se Prong of Impaired Driving without a Chemical Analysis (May 19, 2011)"May 2, 2011
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 […]
READ POST "Seizure of Vehicles in DWI Cases (May 2, 2011)"April 26, 2011
[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 […]
READ POST "Driving After Notification or Failure to Appear (April 26, 2011)"April 7, 2011
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 […]
READ POST "H33 and North Carolina Driver’s License Requirements (April 7, 2011)"April 6, 2011
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. […]
READ POST "Hit and Run (April 6, 2011)"March 28, 2011
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 […]
READ POST "When Does DWI Resulting in Death Amount to Second Degree Murder? (March 28, 2011)"March 14, 2011
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 […]
READ POST "Retrograde Extrapolation Alive and Well (March 14, 2011)"February 23, 2011
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. […]
READ POST "Reduction or Dismissal of Charges in Implied Consent Cases (February 23, 2011)"February 22, 2011
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 […]
READ POST "Miranda and Field Sobriety Tests (February 22, 2011)"