…subject to license revocation under G.S. 20-16.5 based upon commission of an implied-consent offense. For offenses committed October 1, 2012 or later, a law enforcement officer may issue a citation…
…explained here, for offenses committed on or after December 1, 2011, misdemeanor death by vehicle is an implied consent offense, rendering it subject to implied consent testing procedures. G.S. 20-141.4(a2)…
…court did not err by not conducting an inquiry into the defendant’s consent to defense counsel’s statements in opening and closing arguments where the content of defense counsel’s arguments did…
…the person’s body as shown by a chemical analysis is admissible at a trial for any implied consent offense. Chemical analysis is a term of art. It means a test…
…in 2006 to allow the State to appeal from district court rulings on motions to suppress in implied consent cases, which, if granted, effectively resolve the case in favor of…
…committed a criminal moving violation, the person is charged with that violation, and the person’s license is not subject to civil revocation for a violation of the implied consent laws…
…breath test “administered pursuant to the implied-consent law,” and performed in accordance with rules of the Department of Health and Human Services (DHHS) by a person with a current DHHS…
Earlier posts (here, here, and here) discuss the statutory and constitutional requirements for obtaining a sample of a defendant’s blood for analysis in an implied-consent case. This post likewise addresses…
…scope of the implied license to conduct a knock and talk in violation of the Fourth Amendment and the defendant’s motion to suppress should have been granted State v. Fall,…
…her consent or a search warrant violated the Fourth Amendment. The city moved to dismiss, arguing that chalking was not a Fourth Amendment search and that even if it was,…
