Articles in the Motor Vehicles category - Page 9 of 39

Ask someone to identify an emerging area of interest related to motor vehicle law and chances are the person will mention drugged driving. Indeed, the U.S. Office of National Drug Control Policy in 2010 set a goal of reducing the prevalence of drug-impaired driving by 10 percent by 2015. People who work in the field frequently cite anecdotal evidence supporting the notion that driving while impaired by drugs is becoming more common. Are they right? Are more people these days driving while impaired by drugs?

Yesterday was opinion day at the court of appeals. And while it wasn’t officially designated as DWI opinion day, several of yesterday’s opinions resolve significant and recurring issues in DWI litigation. Today’s post will cover the highlights.

In 2015, the Supreme Court of the United States decided Rodriguez v. United States, 575 U.S. __, 135 S. Ct. 1609 (2015). Rodriguez held that it was improper for an officer to extend a traffic stop for several minutes in order to conduct a dog sniff of the stopped vehicle. More generally, the decision requires an officer to pursue the “mission” of a traffic stop diligently, without measurably extending the duration of the stop for investigative activity unrelated to the purpose of the stop.

Our court of appeals has issued several decisions under Rodriguez, including some in defendants’ favor. Everyone has been waiting for those cases to make their way to the state supreme court. Now one has, and it turns out that the supreme court’s understanding of Rodriguez differs considerably from the view adopted by at least some panels of the court of appeals.

The case in question is State v. Bullock, __ N.C. __, __ S.E.2d __, 2017 WL 5017435 (2017), and this post explores it further.

I’m pleased to announce that the School of Government has just released a new book entitled Pulled Over: The Law of Traffic Stops and Offenses in North Carolina. Shea Denning, Christopher Tyner, and I are the authors. It’s an important topic given that North Carolina officers conduct more than a million traffic stops each year and that many criminal cases, small and large, begin with a motor vehicle stop. This post provides more information about the book.

On Monday, I spoke to a group of DMV hearing officers about administrative order writing. These are the officials who hold hearings to determine whether a person’s driver’s license is subject to revocation or reinstatement. The bases for hearing officer action run the gamut. They exercise discretion in determining whether a person’s license is revoked for accumulating too many driver’s license points or for excessive speeding. They evaluate and weigh evidence to determine whether a person charged with an implied consent offense did, in fact, willfully refuse chemical testing. They hold hearings to determine whether a person whose license has been restored following a DWI has violated a condition of the reinstatement. They also determine whether to conditionally restore the licenses of people convicted of impaired driving before the end of the statutory revocation period.

I can’t say whether the hearing officers learned much from me. But, as is always the case when I interact with a room full of public servants, I learned something from them on Monday. Beginning in January 2018, DMV plans to assess fees for these types of hearings. Some of them are as high as $450.

State v. Johnson, __ N.C. __ (August 18, 2017) opens like a novel:

Defendant was stopped at a red light on a snowy evening. When the light turned green, defendant’s truck abruptly accelerated, turned sharply left, and fishtailed, all in front of a police officer in his patrol car. The officer pulled defendant over for driving at an unsafe speed given the road conditions.

On second thought, maybe this reads more like a bar exam question (or a Dan Fogelberg song).

What say you, barristers?  Was the stop lawful?

Legislation enacted by the General Assembly this session again makes it possible for persons convicted of habitual impaired driving to (eventually) have their driving privileges restored.

Four years ago, the General Assembly increased the criminal fine for passing a stopped school bus and enacted new license revocation and registration hold provisions. During the previous year—2012—there had been more than 1,300 misdemeanor charges for passing a stopped school bus and three felony charges, two for unlawfully passing a stopped school bus and striking a person and one for doing so and causing death. Not much has changed. In 2016, there were 1,400 misdemeanor charges for passing a stopped school bus and three felony charges for doing so and striking a person. This year, the General Assembly took a different tack. S.L. 2017-188 (S 55) authorizes counties to adopt ordinances that enforce the provisions of G.S. 20-217 by means of automated school bus safety cameras and impose civil penalties for violations. 

Last month, the General Assembly ratified a bill authorizing the operation of fully autonomous vehicles on state roadways. The legislation is effective December 1, 2017.  If you expect your car to begin driving you to work later this fall, however, you’ll be disappointed. In this instance, legislation has outpaced the technology it regulates.

Folks, we have an answer. The court of appeals held yesterday in State v. Younts, ___ N.C. App. ___ (2017), that a law enforcement officer trained to administer a Horizontal Gaze Nystagmus (HGN) test may properly testify about the results of a test he administered without any determination by the trial court that HGN testing is scientifically reliable.