Obtaining Medical Records in DWI Cases
When a person suspected of driving while impaired is involved in a crash and receives medical treatment, the State may wish to obtain the person’s medical records for use in […]
January 22, 2020
Commission Recommends Changes to DWI Laws and Correctional Policies
The North Carolina Sentencing and Policy Advisory Commission released last November a report recommending several changes to the state’s impaired driving laws and correctional policies. The report marked the culmination […]
January 9, 2020
Straight Talk about DWI
Happy New Year, everyone. A few months ago, I blogged about the continuing phenomenon of impaired driving, the fatalities resulting from crashes involving impaired drivers, and recommendations from experts about […]
October 31, 2019
Reducing Impaired Driving 2.0
The National Highway Traffic Safety Administration (NHTSA) recently released this report on fatal motor vehicle crashes in 2018. The number of traffic fatalities nationwide decreased modestly last year as did […]
June 5, 2019
Court of Appeals Considers Propriety of Opinion Testimony Based on Crash Scene Investigation
May a law enforcement officer who personally investigates, but does not observe, a vehicle crash testify as to his opinion about who was driving the vehicle? Does the answer depend […]
May 22, 2019
To Prove Aggravating Factors for DWI in Superior Court, State Must Provide Notice
One person convicted of misdemeanor impaired driving may be placed on probation and ordered to complete 24 hours of community service. Another may receive an active sentence of three years’ […]
February 20, 2019
Studies Tout Safety Benefits of Expanded Ignition Interlock
The National Center for State Courts recently published an Ignition Interlock Report reviewing the latest research on ignition interlock programs. Two of the studies cited reported efficacy rates striking enough […]
February 6, 2019
State v. Shelton Refines Sufficiency Analysis in Drugged Driving Case
The court of appeals decided State v. Shelton, ___ N.C. App. ___ (2019) yesterday, determining that the evidence of the defendant’s impairment was sufficient when he took impairing drugs hours […]
January 31, 2019
U.S. Supreme Court Grants Review on Issue of Implied Consent
The United States Supreme Court granted certiorari a few weeks ago to consider whether a state statute authorizing the withdrawal of blood from an unconscious driver suspected of impaired driving […]
December 13, 2018
What Happens When the Jury Is Instructed on the Wrong Theory?
Suppose the trial court, over the defendant’s objection, instructs the jury on a theory of a crime that is not supported by the evidence. Is the defendant entitled to automatic […]
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