January 7, 2015
In opinions spanning four decades, North Carolina’s appellate courts have suppressed chemical analysis results in impaired driving cases based on statutory violations related to their administration. When the violation consists […]
October 23, 2013
That’s what I said to my husband during the breakfast hour this morning, while I was working as a short-order cook and waitress for three rather demanding customers (our children). […]
November 4, 2010
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 […]
September 21, 2010
There’s a new batch of opinions from the court of appeals today. One is State v. Reavis, a case that raises a question I’ve been asked several times recently in […]
June 29, 2010
The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn’t just the defendant’s nickname, “DJ Nelly Nell.” The relevant facts […]
June 17, 2009
The Supreme Court (Washington, not Raleigh) has been exceptionally busy with criminal law matters over the last few months. As readers of this blog know, two of the blockbuster decisions […]
May 4, 2009
Before December 1, 2006, GS 20-16.3A set forth requirements governing impaired driving checkpoints but not other types of checking stations and roadblocks. While non-DWI checking stations and roadblocks had to […]
April 30, 2009
The Supreme Court’s latest criminal law decision is Kansas v. Ventris, available here. The basic holding is that a statement obtained in violation of a defendant’s Sixth Amendment right to […]