Lee v. Gore and Checking the Box
Shea Denning
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) […]
Blog
January 25, 2010
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) […]
Read post "Lee v. Gore and Checking the Box"December 21, 2009
I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five […]
Read post "Level 3, 4 and 5 Punishment in Impaired Driving Cases"December 16, 2009
I’ve had several questions recently about how to handle cases in which the defendant was charged with DWI, failed to appear, remained absent for several years, then reappeared. Often, the […]
Read post "Dealing with Disappearing DWI Defendants"December 10, 2009
The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met […]
Read post "Nothing Much Shocking about Shockley"December 2, 2009
Update: Check out this post about a recent court of appeals case in this area. Original post: Most DWI cases involve breath tests for alcohol. But there are circumstances in […]
Read post "Blood Draws in DWI Cases"November 16, 2009
Among the most recent batch of opinions issued by the Court of Appeals was State v. Tellez, in which the court upheld the defendant’s conviction of two counts of second-degree […]
Read post "Using Other Bad Acts to Prove Malice in a Vehicular Homicide Case"November 5, 2009
I first encountered North Carolina’s impaired driving sentencing scheme several years ago when I worked as an Assistant Federal Public Defender for the Eastern District of North Carolina. I represented […]
Read post "Sentencing in Impaired Driving Cases"October 26, 2009
The New York Times published this editorial last week advocating that all people convicted of impaired driving – including first-time offenders – be required to install ignition interlocks in their […]
Read post "Ignition Interlock for All"October 15, 2009
My colleague Shea Denning, a frequent contributor to this blog in the area of motor vehicle law, has put together the ultimate authority on all things related to State v. […]
Read post "All You Ever Wanted to Knoll, But Were Afraid to Ask"September 17, 2009
The Associated Press just published this story about a federal program in Idaho and Texas in which officers are trained to draw blood from people suspected of impaired driving. The […]
Read post "Officers Doing Blood Draws?"