When a person is convicted of driving while impaired under G.S. 20-138.1, the person’s license is revoked for one year. G.S. 20-17(a)(2); G.S. 20-19(c1). (A person who has one or […]
Earlier this year, the North Carolina Court of Appeals in Edwards v. Jessup, 282 N.C. App. 213 (2022), considered whether a license revocation hearing in which a hearing officer employed […]
My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, […]
Continuing our new practice of posting North Carolina appellate court case summaries to the blog, this post provides summaries of the North Carolina Court of Appeals opinions published on August […]
Late last month, the Supreme Court decided Mitchell v. Wisconsin, 588 U.S. ___ (June 27, 2019), a case in which the petitioner argued that the State of Wisconsin violated the […]
The court of appeals decided State v. Shelton, ___ N.C. App. ___ (2019) yesterday, determining that the evidence of the defendant’s impairment was sufficient when he took impairing drugs hours […]
I spent much of the afternoon teaching magistrates, and one of the topics we covered was the immediate license revocation that often is ordered upon a person’s arrest for impaired […]
Judges can continue prayer for judgment in any case. Except when they can’t.
The easiest way for the State to prove impairment in a prosecution for impaired driving is by introducing the results of a test of the defendant’s breath. Such test results […]
On Monday, I spoke to a group of DMV hearing officers about administrative order writing. These are the officials who hold hearings to determine whether a person’s driver’s license is […]