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Jury Instructions for DWI

Forget all your legal training. Pretend you are a juror in a DWI case. Facts. The following facts were established at trial: The defendant was stopped at a checkpoint. The officer smelled alcohol and defendant admitted that he had consumed two glasses of wine earlier in the evening. No field sobriety tests were administered, and … Read more

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State v. Simmons: New Trial Granted on DWI Charges Based on State’s Improper Reference to State v. Narron

The court of appeals in State v. Simmons, ___ N.C. App. ___ (July 20, 2010), decided this week, awarded a new trial to a defendant convicted of impaired driving, finding that the prosecutor made improper and prejudicial remarks in his closing argument.  The court found a substantial likelihood that these comments led the jury to … Read more