DWI Sentencing Changes
In addition to enacting the aggravated level one punishment for impaired driving discussed here, the 2011 General Assembly amended the requirements for imposing a Level One impaired driving sentence, effective […]
July 28, 2011
Post-Release Supervision for Aggravated Level One DWI Offenders
Shea Denning summarized S.L. 2011-191, Laura’s Law, in a prior post. To recap, the law adds a new punishment level for impaired driving sentencing, Aggravated Level One (hereinafter Level A1), […]
July 13, 2011
Laura’s Law
In yesterday’s post, Jeff mentioned Laura’s Law, which increases the maximum punishment for impaired driving. Today’s post discusses those provisions in more detail. S.L. 2011-191, dubbed Laura’s Law in recognition […]
June 29, 2011
Bullcoming and Substitute Analysts
On June 23rd, the U.S. Supreme Court decided Bullcoming v. New Mexico. As anticipated, the case turned out to be a straightforward application of Melendez-Diaz v. Massachusetts, 557 U.S. __, […]
June 27, 2011
DWLR as a Grossly Aggravating Factor for DWI Sentencing
Grossly aggravating or just grossly confusing? When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]
June 16, 2011
What Not to Do in an Impaired Driving Case (Post II)
The first post in this series discussed State v. Taylor. This one recounts the what not to do lessons from last week’s court of appeals’ decision in State v. Petty […]
June 9, 2011
What Not to Do in an Impaired Driving Case (Post I)
If I were to compile guidance for law enforcement officers and judges on “what not to do” in an impaired driving case, I’d be sure to include excerpts from two […]
May 19, 2011
Proving the Per Se Prong of Impaired Driving without a Chemical Analysis
The usual way for the State to establish that a person drove while impaired under the per se prong of G.S. 20-138.1 is to introduce the results of a chemical […]
May 2, 2011
Seizure of Vehicles in DWI Cases
Three bills introduced in the General Assembly this session provide for seizure and forfeiture of motor vehicles involved in certain motor vehicle offenses. House Bill 451 provides for seizure of […]
April 26, 2011
Driving After Notification or Failure to Appear
[Editor’s note: Sorry that there was no post yesterday. I was travelling and didn’t have reliable internet access. We’re back on track today.] The misdemeanor offenses of driving after notification […]
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- Maggie Bailey
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