Weaving and Reasonable Suspicion
Drunk drivers have difficulty driving in a straight line. Therefore, police officers frequently stop drivers who are weaving, suspecting them of impaired driving. Until very recently, it seemed that the […]
June 7, 2012
The Beginning Date for License Revocations Following Conviction for DWI
Several recent stories in the News and Observer (here, here, here, and here) have chronicled the SBI’s investigation into orders entered in certain impaired driving cases by former Wake County […]
May 30, 2012
License Revocations and Limited Driving Privileges for High-Risk Drivers
I wrote here about several types of driver’s license revocations that can result from a person being charged with and convicted of impaired driving under G.S. 20-138.1 as well as […]
May 22, 2012
Notice of Aggravating Factors Under G.S. 20-179
Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with […]
May 9, 2012
Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)
Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for […]
May 2, 2012
DWI Parole: How Does It Really Work?
A few months ago, I taught a session on DWI sentencing to a group of judges. As part of that session, I reviewed the rules for determining the parole-eligibility of […]
April 26, 2012
Men Behaving Very Badly
As part of its ongoing coverage of the John Edwards trial, The News and Observer reported today that Edwards’ lawyer cross-examined former Edwards aide Andrew Young by reading from pages […]
April 18, 2012
Providing Notice of Implied Consent Rights to a Deaf Defendant
Several earlier posts address the requirement that a defendant be notified of statutory rights related to implied consent testing before being requested to submit to a test of his breath, […]
April 11, 2012
Re-sentencing under G.S. 20-38.7: Who Gets It and What’s Game for Consideration?
I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape […]
March 29, 2012
Credit for Inpatient Treatment in Impaired Driving Cases
One of the purposes for sentencing for impaired driving, like sentencing generally, is to rehabilitate offenders so that they may be restored to the community as lawful citizens. Cf. G.S. […]
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