…important circumstance, a dispositional PJC is prohibited by case law. As Shea discusses in The Law of Impaired Driving and Related Implied Consent Offenses in North Carolina (p. 145–46), our…
…of 0.08 or more. A violation of G.S. 20-12.1 is an implied consent offense (which means the supervising driver can be hauled downtown and asked to take a breath test)…
…of a civil license revocation arising from an implied consent charge, did not label the revocation as criminal or civil, the state supreme court long has viewed driver’s license revocations…
…G.S. 20-21; 20-22; see also G.S. 20-16.5(a)(5), (e), (f) (requiring surrender of a driver’s license from any jurisdiction pursuant to civil license revocation in an implied consent case). There is…
…screening test, but not the actual alcohol concentration result” in determining probable cause for an implied consent offense. A positive result means there is some presence of alcohol. A negative…
…registered with DMV. See G.S. 20-54(8). G.S. 20-138.7(b) provides that open container offenses are alcohol-related offenses subject to the implied-consent provisions of G.S. 20-16.2. Does this mean the officer may…
…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…
…into former and current G.S. 20-139.1, the chemical analyst read Shockley his implied consent rights, observed him for fifteen minutes, verified the accuracy of the instrument, and then asked Shockley…
…was performed at the hospital, although the officer ordering the draw did not read defendant his Chapter 20 implied consent rights or obtain a search warrant before the draw. The…