Proving the Per Se Prong of Impaired Driving without a Chemical Analysis
Shea Denning
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 […]
Blog
May 19, 2011
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 […]
Read post "Proving the Per Se Prong of Impaired Driving without a Chemical Analysis"May 2, 2011
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 […]
Read post "Seizure of Vehicles in DWI Cases"April 26, 2011
[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 […]
Read post "Driving After Notification or Failure to Appear"March 28, 2011
Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]
Read post "When Does DWI Resulting in Death Amount to Second Degree Murder?"March 14, 2011
I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree […]
Read post "Retrograde Extrapolation Alive and Well"February 23, 2011
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]
Read post "Reduction or Dismissal of Charges in Implied Consent Cases"February 22, 2011
Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]
Read post "Miranda and Field Sobriety Tests"February 2, 2011
Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]
Read post "Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part II)"February 1, 2011
Several earlier posts a (here, here, and here) address the requirement that a person arrested for an implied consent offense be informed of statutory implied consent rights before being asked […]
Read post "Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part I)"December 9, 2010
North Carolina’s implied-consent laws were substantially amended in 2006 to, in the words of the Governor’s task force recommending the change, “prevent dismissals under Knoll.” In State v. Knoll, 422 […]
Read post "State v. Daniel Tees Up An Analysis of Prejudice"