The Opinion Question: Myth or Magic?
Even the greenest of prosecutors knows to ask it. And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the […]
April 18, 2013
Supreme Court Weighs in on Nonconsensual, Warrantless Blood Draws in DWI Cases
The United States Supreme Court decided Missouri v McNeely yesterday, holding that in impaired driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in […]
March 25, 2013
State crime lab backlogs and the right to speedy trial
The state crime lab and other local laboratories perform nearly 10,000 blood toxicology analyses annually, the vast majority of them in impaired driving cases. Unlike breath analysis results, which the […]
March 14, 2013
Proving Drugged Driving
Drunk driving has long been a phrase in the national lexicon of terms related driving and public safety. Over the past decade, a companion term—drugged driving—has entered into common usage […]
March 11, 2013
Slow Driving
I’ve had several questions lately about driving slowly, so I took some time this weekend to add a section to my paper on traffic stops on the subject. The new […]
March 4, 2013
Continuing DWI Cases So the Analyst Can Appear
Trial courts may ultimately control their calendars, but there certainly is some power-sharing along the way. The constraints on a trial district court’s authority to manage the flow of litigation are […]
February 19, 2013
Whose Burden is it?
The State’s failure to accord a defendant his or her statutory implied consent rights as set forth in G.S. 20-16.2 may render the results of any ensuing breath test inadmissible. When a […]
February 4, 2013
You’ve got to know when to hold ’em
Magistrates walk a tight rope of sorts in setting conditions of pretrial release for defendants charged with impaired driving offenses. In addition to taking into account all of the factors […]
January 28, 2013
Breath Tests: Can you believe them?
A six-year battle in Minnesota regarding the reliability of breath test results in impaired driving cases in light of alleged defects in the testing instrument’s source code ended last summer. […]
January 24, 2013
No, Virginia, there is no implied consent
I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits […]
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