…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…
…AZ, Oklahoma City, OK, Trenton, NJ, Mount Vernon, NY, and the Louisiana State Police. The Department also announced it will drop consent decrees setting requirements for police training and establishing…
…which allows officers to do consent searches — and that municipal regulation of consent searches is preempted by state law. Second, several “current and former” Fayetteville officers, together with the…
…suspicion of criminal activity (or consent). The Court rejected the government’s argument that an officer may incrementally prolong a traffic stop, which some lower courts, including North Carolina’s, had justified…
…Harris County, Texas was unconstitutional. Similar litigation is now underway in our state, and appears to be headed towards a consent preliminary injunction. On November 12, 2019, a class action…
