April 18, 2012
Several earlier posts address the requirement that a defendant be notified of statutory rights related to implied consent testing before being requested to submit to a test of his breath, […]
April 11, 2012
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 […]
November 15, 2011
As most readers of this blog know, many people charged in North Carolina with driving while impaired and other implied consent offenses suffer the immediate consequence of having their driver’s […]
June 22, 2011
G.S. 20-141.4 sets forth six offenses based upon the unlawful killing or injuring of another during the commission of a motor vehicle offense. All but one of these death or […]
February 2, 2011
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 […]
February 1, 2011
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 […]
November 16, 2010
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 […]
October 7, 2010
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 […]
September 8, 2010
Labor Day marks the unofficial end of summer around these parts, and I thought I’d mark the occasion with a post related to boating (a favorite summer pastime) and crime […]
August 26, 2010
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 […]