Labor Day Q & A: Motor Vehicle Law Edition
Shea Denning
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 […]
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September 3, 2013
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 […]
Read post "Labor Day Q & A: Motor Vehicle Law Edition"August 21, 2013
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 […]
Read post "State v. Marino Finds No Error in Denying Defendant Source Code"August 13, 2013
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 […]
Read post "Indefinite Driver’s License Revocations for DWI Convictions"July 29, 2013
One of the newest attractions in downtown Raleigh is the Trolley Pub. Passengers board the open air bar on wheels in the Warehouse District and slowly cruise the city streets, […]
Read post "Pedal While You Drink"July 22, 2013
(Editor’s note: Jamie Markham is a co-author of this post.) Level A1 DWI. The General Assembly created Aggravated Level One sentencing for misdemeanor impaired driving in 2011. See S.L. 2011-191 […]
Read post "No Good Time to Be Had for Level A1 DWI Inmates"June 27, 2013
Nearly two thousand defendants were charged last year with aiding and abetting driving while impaired in violation of G.S. 20-138.1. A defendant aids and abets impaired driving when he knowingly […]
Read post "Aiding and Abetting Impaired Driving"June 20, 2013
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in […]
Read post "Special Rules for the Admission of Hospital Medical Records"June 13, 2013
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 […]
Read post "Jury Instructions for DWI"June 10, 2013
My recent paper (here) on the use of remote testimony in criminal cases involving forensic analysts was written in part because of the flood of interest in legislative solutions to […]
Read post "Beyond Legislative Solutions to Melendez-Diaz"June 6, 2013
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, […]
Read post "Do Old DWIs Count toward Felony Prior Record Level?"