DMV Hearings and Procedural Due Process
Earlier this year, the North Carolina Court of Appeals in Edwards v. Jessup, 282 N.C. App. 213 (2022), considered whether a license revocation hearing in which a hearing officer employed […]
September 17, 2015
The Eighth Circuit Considers Implied Consent, but I Still Haven’t Found What I’m Looking For
I admit that I may have a problem. I am dedicated to (perhaps obsessed with) the pursuit of a legal theory that satisfactorily squares the doctrine of implied consent with […]
February 4, 2015
Beating the Rap . . . But Taking the Revocation
Myra Lynne Combs beat her DWI charges in court. The trial court held that the officer who stopped her didn’t have a lawful reason to do so. So the trial […]
October 25, 2012
Limited Driving Privileges Following Revocations for Willful Refusals
Several earlier posts (here, here and here) address the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving. Such a […]
August 19, 2010
Lee v. Gore: Round Two
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 […]
January 25, 2010
Lee v. Gore and Checking the Box
In an implied consent case in which a defendant is asked to submit to a chemical analysis, the law enforcement officer and chemical analyst (who often are the same person) […]
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