All You Ever Wanted to Know about DWI Sentencing But Were Afraid to Ask
Shea Denning
I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, […]
August 15, 2012
I’ve heard folks say that there is criminal law . . . and then there is impaired driving law. What I think they mean is that while impaired driving is, […]
Read post "All You Ever Wanted to Know about DWI Sentencing But Were Afraid to Ask"July 17, 2012
Five years ago, the General Assembly authorized judges to require that defendants placed on probation for a Level One or Level Two impaired driving offense abstain from consuming alcohol for […]
Read post "Authorization for Continuous Alcohol Monitoring Expanded by S.L. 2012-146"June 21, 2012
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a […]
Read post "Notice of Implied Consent Rights: West Coast Edition"June 19, 2012
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 […]
Read post "Weaving and Reasonable Suspicion"June 7, 2012
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 […]
Read post "The Beginning Date for License Revocations Following Conviction for DWI"May 30, 2012
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 […]
Read post "License Revocations and Limited Driving Privileges for High-Risk Drivers"May 22, 2012
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 […]
Read post "Notice of Aggravating Factors Under G.S. 20-179"May 9, 2012
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 […]
Read post "Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)"May 2, 2012
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 […]
Read post "DWI Parole: How Does It Really Work?"April 26, 2012
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 […]
Read post "Men Behaving Very Badly"