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. […]
March 22, 2012
State v. Friend: Dismissal and Re-filing of DWI Charges Did Not Violate Defendant’s Constitutional Rights
Jeff wrote here about State v. Fields, ___ N.C. App. ___ (March 6, 2012), a case in which the officer’s observation of the defendant’s vehicle as moving within its lane […]
March 13, 2012
What Is The Date of a Prior Impaired Driving Conviction under G.S. 20-179?
I ended last week’s post by noting that the date on which a prior impaired driving conviction occurs for purposes of the seven-year-look-back period in G.S. 20-179(c)(1)(a) may not be […]
March 7, 2012
When Is a Prior Impaired Driving Conviction Final Enough to Be Counted Under G.S. 20-179?
As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of […]
February 28, 2012
Is Automatism or Involuntary Intoxication a Defense to DWI?
Since the start of the new year, I’ve been meaning to return to the court of appeals’ December 2011 opinion in State v. Clowers, __ N.C. App. __ , 720 […]
February 15, 2012
The Forcible Extraction of Blood in Impaired Driving Cases: How Much Force Is Too Much Force?
The lead story in the January 30, 2012 issue of North Carolina Lawyer’s Weekly was headlined “Necessary’s Restraint: The night police officer Richard Necessary sat on a drunk-driving suspect in […]
February 7, 2012
Warrantless Blood Draws and the Fourth Amendment (Again)
A recent en banc decision from the Supreme Court of Missouri adds to the growing divide among state appellate courts regarding whether the exigency created by the dissipation of blood-alcohol […]
November 15, 2011
Civil License Revocations and Double Jeopardy
As most readers of this blog know, many people charged in North Carolina with driving while impaired and other implied consent offenses suffer the immediate consequence of having their driver’s […]
September 27, 2011
Per se impairment, reasonable doubt, margins of error, and all that lies between
G.S. 20-138.1(a)(2) prohibits a person from driving a vehicle upon a highway, street or public vehicular area after having consumed sufficient alcohol that the person has, at any relevant time […]
September 12, 2011
The Skinny on Substance Abuse Assessment and Treatment for DWI Offenders
When a person’s license is revoked for certain offenses involving impaired driving, the person must, before his or her license may be restored, obtain a substance abuse assessment and complete […]
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