Double Punishment but No Double Jeopardy
Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]
August 5, 2009
Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]
July 24, 2009
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
July 10, 2009
[Update: the state supreme court reviewed this case, reversing in part, as described here.] The court of appeals published its opinion in State v. Davis this week, a case in […]
June 24, 2009
Shea Denning, who is the motor vehicle and DWI expert on the School of Government’s faculty, has read, re-read, and re-re-read State v. Fowler and State v. Palmer, the recent […]
June 15, 2009
My wife reads celebrity gossip magazines, and one she brought home recently featured a couple who (a) apparently like to hit the nightspots (not necessarily with one another) and (b) […]
May 20, 2009
Two statutes enacted as part of the Motor Vehicle Driver Protection Act of 2006, G.S. 20-38.6 and 20-38.7, significantly altered district court procedures for implied consent offenses committed on or […]
May 19, 2009
by School of Government faculty members Jamie Markham and Shea Denning The folks at DOC combined records tell us they see a lot of habitual impaired driving judgments that look […]
May 7, 2009
Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy. The issue is whether a DWI defendant who has submitted […]
May 4, 2009
Before December 1, 2006, GS 20-16.3A set forth requirements governing impaired driving checkpoints but not other types of checking stations and roadblocks. While non-DWI checking stations and roadblocks had to […]