DWLR Based upon an Ignition Interlock Violation

Last month, the North Carolina court of appeals decided State v. Graves, No. COA09-595 (March 16, 2010), a case involving the defendant’s appeal from his convictions for felony speeding to elude, driving while license revoked (DWLR), reckless driving to endanger, and impaired driving.  The court vacated the defendant’s conviction for DWLR on the basis that … Read more

Breaking or Entering a Motor Vehicle

Under G.S. 14-56, it is a Class I felony to “break[] or enter[] any . . . motor vehicle . . . containing any . . . thing of value” with the intent to commit larceny or any felony. It sounds straightforward enough, but I was recently asked whether breaking into a toolbox affixed behind … Read more


.08 at Any Relevant Time after the Driving

Every state and the District of Columbia prohibits driving with an alcohol concentration of 0.08 or more though state laws vary regarding whether to establish a violation of the per se impaired driving law an alcohol concentration of .08 or more must exist at the time of driving (see, for example, Ala Code § 32-5A-191; … Read more


No Privilege for You

Among the most frequently asked motor vehicle law questions is whether a person convicted of impaired driving for an offense that occurred when the person was less than 21 years old is eligible for a limited driving privilege.  The answer is no.  The reason?  No statute confers authority for the granting of a limited driving … Read more


The Need for (Evidence of) Speed

A civil case decided by the court of appeals last week, Blackwell v. Hatley, addresses when a witness may testify as to his or her opinion of how fast a vehicle was traveling.  In Blackwell, the court held that an accident report prepared by a town police officer estimating the defendant’s speed at the time … Read more