Category: impaired driving

I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree […]

Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need […]

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 […]

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 […]

I wrote here about the court of appeals’ recent ruling in State v. Davis that expert testimony calculating the defendant’s alcohol concentration based on odor alone was improperly admitted at […]

Stan Speedy is charged with impaired driving. He has filed a motion to suppress evidence of blood test results based on a violation of his Fourth Amendment and his statutory […]

Dan Defendant is charged with and arrested for driving while impaired. He is taken to a law enforcement center for administration of a chemical analysis. At 2:00 a.m., the chemical […]

A few weeks ago, I blogged about the offense of operating while impaired.  One of the issues I raised in the post was whether telling a defendant that his or […]

Earlier posts (here, here, and here) discuss the statutory and constitutional requirements for obtaining a sample of a defendant’s blood for analysis in an implied-consent case.  This post likewise addresses […]

I blogged here about the North Carolina Court of Appeals’ initial opinion in Lee v. Gore, ___ N.C. App. ___ (January 19, 2010), holding that DMV lacked authority to revoke […]