Men Behaving Very Badly (April 26, 2012)
Shea Denning
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 […]
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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 (April 26, 2012)"April 18, 2012
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, […]
READ POST "Providing Notice of Implied Consent Rights to a Deaf Defendant (April 18, 2012)"April 11, 2012
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 […]
READ POST "Re-sentencing under G.S. 20-38.7: Who Gets It and What’s Game for Consideration? (April 11, 2012)"March 29, 2012
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. […]
READ POST "Credit for Inpatient Treatment in Impaired Driving Cases (March 29, 2012)"March 22, 2012
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 […]
READ POST "State v. Friend: Dismissal and Re-filing of DWI Charges Did Not Violate Defendant’s Constitutional Rights (March 22, 2012)"March 13, 2012
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 […]
READ POST "What Is The Date of a Prior Impaired Driving Conviction under G.S. 20-179? (March 13, 2012)"March 7, 2012
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 […]
READ POST "When Is a Prior Impaired Driving Conviction Final Enough to Be Counted Under G.S. 20-179? (March 7, 2012)"February 28, 2012
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 […]
READ POST "Is Automatism or Involuntary Intoxication a Defense to DWI? (February 28, 2012)"February 15, 2012
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 […]
READ POST "The Forcible Extraction of Blood in Impaired Driving Cases: How Much Force Is Too Much Force? (February 15, 2012)"February 7, 2012
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 […]
READ POST "Warrantless Blood Draws and the Fourth Amendment (Again) (February 7, 2012)"