Re-examining Implied Consent after McNeely, Part III
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 […]
November 6, 2013
Re-examining Implied Consent After McNeely, Part II
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 […]
November 5, 2013
Re-examining Implied Consent After McNeely, Part I
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 […]
October 23, 2013
Can I Get Some Relief Here?
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). […]
October 2, 2013
A Hump Day Pop Quiz
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 […]
September 18, 2013
Imposing Fees for Forensic Expert Testimony — Is It Constitutional?
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 […]
September 16, 2013
Searching Cars for Evidence of DWI
Is it reasonable to believe that the car an impaired driver is operating contains evidence of the DWI? That’s the question law enforcement officers must answer in a post-Gant world […]
September 3, 2013
Labor Day Q & A: Motor Vehicle Law Edition
Our family gathers at the coast for Labor Day weekend. You’d be amazed how many motor vehicle law questions my relatives can generate over the course of a few hours […]
August 21, 2013
State v. Marino Finds No Error in Denying Defendant Source Code
The North Carolina Court of Appeals decided its first breath-testing source code case yesterday. The court in State v. Marino affirmed the trial court’s determination that the defendant had no […]
August 13, 2013
Indefinite Driver’s License Revocations for DWI Convictions
What is the basis for the indefinite license revocation reflected in the driving record entry below? A. A revocation under G.S. 20-24.1 for failure to appear for a motor vehicle […]
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