Proving the Per Se Prong of Impaired Driving without a Chemical Analysis
The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]
Driving After Notification or Failure to Appear
[Editor’s note: Sorry that there was no post yesterday. I was travelling and didn’t have reliable internet access. We’re back on track today.] The misdemeanor offenses of driving after notification […]
State v. Daniel Tees Up An Analysis of Prejudice
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
What’s a Motion to Suppress?
There’s a new batch of opinions from the court of appeals today. One is State v. Reavis, a case that raises a question I’ve been asked several times recently in […]
Boating While Impaired
Labor Day marks the unofficial end of summer around these parts, and I thought I’d mark the occasion with a post related to boating (a favorite summer pastime) and crime […]
Proving That Blood Was Drawn by a Qualified Person
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 […]
Lee v. Gore: Round Two
I blogged here about the North Carolina Court of Appeals’ initial opinion in Lee v. Gore, ___ N.C. App. ___ (January 19, 2010), holding that DMV lacked authority to revoke […]
News Roundup
1. Bloggers often feel like Rodney Dangerfield: we get no respect. But over the past week, I’ve learned that under the latest revision of the Bluebook, the citation manual for […]
Lee v. Gore and Checking the Box
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) […]
Nothing Much Shocking about Shockley
The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met […]