A UNC School of Government Blog
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, a person who drives a vehicle on a highway or public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or … Read more
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 in the paper. A typical ruse checkpoint might work as follows. Officers deploy large, flashing temporary signs on a divided highway that say “drug checkpoint … Read more
I’ve mentioned the big legislative changes pending in HB 642 (the Justice Reinvestment Act, which was discussed in House Appropriations this morning), but I haven’t written about an important criminal bill that’s already been signed into law. It’s Session Law 2011-62 (HB 270), Amend Conditions of Probation, which the Governor signed on May 3. The … Read more
The News and Observer reports that the government may seek an indictment against former Senator John Edwards as soon as next week. The case is expected to center around money funneled to Edwards’ mistress by two Edwards supporters, with the government contending that the money amounted to illegal campaign contributions and Edwards claiming that they … Read more
I was asked recently whether a juror can be removed for refusing to deliberate. The case in which the issue arose has concluded, a federal circuit court just weighed in on the issue, and I thought that others might be interested in the law in this area, hence this post. There’s no North Carolina case … Read more
On Monday the Supreme Court issued its decision in Brown v. Plata, holding that systemic failures to provide adequate medical and mental health care in the California prison system can only be remedied through judicially-imposed limits on the state’s prison population. In a 5–4 decision, the Court upheld a lower court order requiring California to … Read more
[Editor’s note: Regular readers will notice two changes to the blog today. One, for the first time, my posts have a byline. Two, a photograph of the author now appears next to each post. Both changes are intended to make it more obvious who wrote what, so that questions and comments can be accurately directed, … Read more
It is conference season again at the School of Government, which means that we are doing a lot of presentations for a lot of different groups in the court system. It also means that to get ready we have to learn about new areas of law or at least areas of law we had not … Read more
The big news nationally this week was the New York arrest and indictment of Dominique Strauss-Kahn on charges that he sexually assaulted a maid at a Manhattan hotel. Prior to his arrest, Mr. Strauss-Kahn was the head of the International Monetary Fund and was widely expected to be the next president of France. The New … Read more
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 analysis demonstrating that the person had an alcohol concentration of 0.08 or more at any relevant time after the driving. Not only are the results … Read more