A UNC School of Government Blog
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a person speaks or understands. As those posts report, the answer is unclear. There are no North Carolina appellate court decisions on point and courts in … Read more
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 notice of the implied consent rights is provided only in English and whether providing notice only in English may violate such a defendant’s constitutional rights. … Read more
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 to submit to a chemical analysis. Posts (here and here) address the remedy for failure to adhere to these statutory requirements. None of those posts, … Read more