Alleging Aggravating Factors in a DWI Prosecution
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the […]
North Carolina Court of Appeals Finds That Erroneous Completion of Juvenile Waiver of Rights Form Did Not Bar Admissibility of Confession
Last week, the North Carolina Court of Appeals in State v. Watson (October 18, 2016) ruled that an officer’s erroneous completion of a juvenile waiver of rights form did not […]
Voter Crimes
It’s election season, and friends and family have asked me a few questions about crimes associated with voting. I’m not an expert on election laws – here at the School […]
News Roundup
As the News & Observer reports, the Orange County Republican Party headquarters in Hillsborough was firebombed and vandalized over the weekend. According to the report, “[a] flaming bottle was thrown […]
Tasers in the Jail
Today’s post discusses two recent federal cases involving the use of Tasers in North Carolina jails. (The post draws from an article I originally prepared for the North Carolina Jail […]
Tips for Reducing Crashes Involving Teen Drivers
Last week, I was driving with my 14-year-old son and his 15-year-old friend in the car. My son criticized me for not turning left out of parking lot when, according […]
Culling Feral Swine from Aircraft
Every year as I do presentations about new criminal law legislation, a smaller piece of legislation catches my eye. Invariably as I look into the legislation, I learn about the […]
What Can a Judge Say About Football Players’ Protests?
In a recent interview with Katie Couric, Justice Ginsburg discussed San Francisco 49ers quarterback Colin Kaepernick and his practice of kneeling during the national anthem to protest racial injustice. She […]
News Roundup
Hurricane Matthew hit Eastern North Carolina hard over the weekend. Twenty North Carolinians lost their lives and many communities experienced severe flooding. The Fayetteville Observer has extensive coverage of the […]
Sentencing Whiteboard: Active Sentences for Aggravated Level One DWI
Today’s post is a return to the Sentencing Whiteboard, this time to explain active sentences for aggravated level one DWI. As Shea and I have discussed in earlier posts (here, here, […]