The Bill for Driving While Impaired (January 16, 2014)
Shea Denning
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
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January 16, 2014
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
READ POST "The Bill for Driving While Impaired (January 16, 2014)"January 9, 2014
Deep in the statutory woods of the law allowing the seizure of motor vehicles driven by certain impaired drivers is a provision setting trial priority for the underlying criminal charges. […]
READ POST "Trial Priority for DWI Cases and Motions to Dismiss (January 9, 2014)"December 19, 2013
When a defendant move to dismiss DWI charges based on a violation of his pre-trial release rights, the State’s first response is predictable: Subpoena the magistrate who presided over the […]
READ POST "May Magistrates Be Compelled to Testify about Their Decision-Making Processes? (December 19, 2013)"December 4, 2013
The court of appeals decided its first post-Missouri v. McNeely alcohol exigency case yesterday. The court in State v. Dahlquist determined that the four to five hours that the arresting […]
READ POST "Four hour delay to obtain search warrant an exigency, at least for now (December 4, 2013)"November 7, 2013
The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]
READ POST "Re-examining Implied Consent after McNeely, Part III (November 7, 2013)"November 6, 2013
Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]
READ POST "Re-examining Implied Consent After McNeely, Part II (November 6, 2013)"November 5, 2013
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
READ POST "Re-examining Implied Consent After McNeely, Part I (November 5, 2013)"October 23, 2013
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). […]
READ POST "Can I Get Some Relief Here? (October 23, 2013)"October 2, 2013
DWI law scholars, answer the following question. Are the results of all breath tests that were administered to the defendant admissible in an implied consent case? Yes, if the results […]
READ POST "A Hump Day Pop Quiz (October 2, 2013)"September 18, 2013
Tucked into the 2013 North Carolina budget bill is a provision imposing new court costs for expert witnesses who testify about chemical or forensic analyses at trial. Specifically, the new […]
READ POST "Imposing Fees for Forensic Expert Testimony — Is It Constitutional? (September 18, 2013)"