No, Virginia, there is no implied consent
Shea Denning
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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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 […]
Read post "No, Virginia, there is no implied consent"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 […]
Read post "Court of Appeals Holds that CDL Disqualification Bars DWI Prosecution"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 […]
Read post "A Horse Is a Horse, of Course. But Is It Also a Vehicle?"December 19, 2012
The National Transportation Safety Board (NTSB) thinks states ought to require ignition interlock as a condition of driving for anyone convicted of DWI, including first-time offenders. So does the U.S. […]
Read post "The Government in Your Dashboard"December 11, 2012
Is the parking lot of a private social club a public vehicular area for purposes of North Carolina’s impaired driving laws? Yes, in most circumstances, it is. Public vehicular areas […]
Read post "Private Clubs and Public Vehicular Areas"November 29, 2012
I’ve written several posts (the latest one here) about the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving in […]
Read post "Limited Driving Privileges Following Out-of-State DWI Convictions"November 20, 2012
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from […]
Read post "The Requirement that Medical Providers Withdraw Blood in Implied Consent Cases"October 25, 2012
Several earlier posts (here, here and here) address the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving. Such a […]
Read post "Limited Driving Privileges Following Revocations for Willful Refusals"September 11, 2012
Y’all may be tired of reading about sentencing in impaired driving cases, particularly if you’ve read this entire bulletin. But I’m hoping the reader-market will bear a few more sentencing-related […]
Read post "DWI and Serious Injury to More than One Person"August 23, 2012
Jeff wrote earlier this week about the court of appeals’ opinion in State v. Osterhoudt (August 21, 2012). Jeff’s post dealt with the court’s substantive analysis of whether the police […]
Read post "State v. Osterhoudt and motions procedures in implied consent cases"