March 25, 2013
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
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
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
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
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
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
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
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 […]
January 16, 2013
I’m not buying a lottery ticket this week. The court of appeals’ opinion in State v. McKenzie, published yesterday, casts serious doubt on my wagering skills. And if my wagers […]
January 7, 2013
Horses are vehicles, according to our state court of appeals. In State v. Dellinger, 73 N.C. App. 685 (1985), the court upheld the defendant’s conviction for impaired driving based upon […]