…month, the court of appeals decided, on the same day, two cases that address the scope of a suspect’s consent to search a vehicle. In State v. Lopez, __ N.C….
…for believing” that the driver committed an implied consent offense. Knoll motions. Everyone involved in DWI litigation knows about State v. Knoll, 322 N.C. 535 (1988), the case in which…
…limitations set forth above, a law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer’s territorial jurisdiction may investigate and seek evidence…
…pointed to the statutorily prescribed notice of implied consent rights which require a chemical analyst to inform a defendant charged with an implied consent offense that his or her driver’s…
As most readers of this blog know, many people charged in North Carolina with driving while impaired and other implied consent offenses suffer the immediate consequence of having their driver’s…
…North Carolina Criminal Cases (in section 2.7C), consent searches during traffic stops have become increasingly commonplace and officers have broad discretion in deciding who to ask for such consent. Concerns…
…opinion, found each of these arguments meritless. The district court had subject matter jurisdiction over a probation revocation hearing because of the defendant’s implied consent to the court’s exercise of…
…Evidentiary Hearings in Implied Consent Matters, 816 N.W.2d 525 (Minn. 2012), and here is the backstory: In 2006, a driver charged with DWI in Minnesota filed a motion for discovery…
…except capital prosecutions. The waiver may be express or implied. Among the circumstances where implied waivers come into play is when the defendant voluntarily absents himself or herself from court…
…can only be released with a valid consent or court order. Consent for release of the record is required from the person who originally consented for the treatment. G.S. 122C-52….