Category: impaired driving

Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with […]

Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for […]

A few months ago, I taught a session on DWI sentencing to a group of judges.  As part of that session, I reviewed the rules for determining the parole-eligibility of […]

As part of its ongoing coverage of the John Edwards trial, The News and Observer reported today that Edwards’ lawyer cross-examined former Edwards aide Andrew Young by reading from pages […]

I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape […]

One of the purposes for sentencing for impaired driving, like sentencing generally, is to rehabilitate offenders so that they may be restored to the community as lawful citizens.  Cf. G.S. […]

Jeff wrote here about State v. Fields, ___ N.C. App. ___ (March 6, 2012), a case in which the officer’s observation of the defendant’s vehicle as moving within its lane […]

As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of […]

Since the start of the new year, I’ve been meaning to return to the court of appeals’ December 2011 opinion in State v. Clowers, __  N.C. App. __ , 720 […]

The lead story in the January 30, 2012 issue of North Carolina Lawyer’s Weekly was headlined “Necessary’s Restraint:  The night police officer Richard Necessary sat on a drunk-driving suspect in […]