North Carolina Criminal Law

The United States Supreme Court heard oral arguments this morning in three cases involving the chemical testing of impaired drivers. The question before the court in each case is whether, […]

Read post

On Fridays, National Public Radio features recordings from its Storycorps booth. These recordings sometimes feature a teacher and student, a parent and child, spouses, or a single person discussing a […]

Read post

No, Justice Ervin didn’t use the words hot mess. But anyone who slogs their way through the tortured procedural swamp that led to State v. Miller, __ N.C. __ (March […]

Read post

In its seminal opinion establishing the State’s right to withdraw blood from a DWI suspect over his objection and without a warrant when there are exigent circumstances, the United States […]

Read post

Proving that a driver was impaired by alcohol is not all that difficult, particularly when the driver submits to a breath test and the result is .08 or more.  Proving […]

Read post

I almost missed this one. While I regularly monitor the published opinions of our state’s appellate courts, I generally skip the unpublished decisions. So I initially overlooked the court of […]

Read post

There are several reasons why I like Volkswagen’s new “Dad, Stop!” commercial showcasing the emergency braking system in the 2016 Passat.  First, I drive a teenager to school. He jumps […]

Read post

Most drivers stopped on suspicion of impaired driving are asked to submit to field sobriety tests before they are arrested.  Those tests often include the three standardized tests, which researchers […]

Read post

You represent a defendant charged with DWI. You move to suppress evidence in district court. The district court enters a preliminary determination in your favor. The State appeals. The superior […]

Read post

When you can’t find what you’re looking for in North Carolina, you may have to extend your search out of state. Case in point: I’ve just discovered an opinion from […]

Read post