Aiding and abetting charges filed in NC underage drinking and DWI cases
North Carolina’s underage drinking laws can be broad and apply to people who are not at the scene of an underage drinking incident. Earlier this month, this blog reported that a Raleigh teen is facing...
View ArticleCongress wants in on ignition interlocks for DWI cases
New proposed legislation has been introduced in Congress aimed at increasing the use of ignition interlock devices in drunk driving cases nationwide. North Carolina law added the use of ignition...
View ArticleNC trooper does not appear for court, 90 misdemeanor cases dismissed
A North Carolina state highway trooper reportedly did not appear in court Monday. The court calendar apparently included at least 20 cases involving allegations of driving while impaired where the...
View ArticleKansas Moves To Punish Refusing to Incriminate Yourself in DUI Cases
I’ve posted long and hard over the years about the inaccuracy and unreliability of breathalyzers. See How Breathalyzers Work – and Why They Don’t. But at least you could always refuse to take the...
View ArticleNew Concept from Canada: Licenses Suspended “Indefinitely” in DUI Cases
I’ve written in the past about the guilty-until-proven-innocent approach to DUI license suspensions and the almost complete lack of due process. See, for example, "Due Process" for DUI License...
View ArticleNorth Carolina crime lab is causing delays in DWI, other criminal cases
Many people suspected of alleged crimes across North Carolina have had the suspicion hanging over their heads for, in some cases, more than a year to delays in the North Carolina State Crime...
View ArticleSupreme Court Ponders Forced Blood Draws in DUI Cases
Four days ago I posted about a case, Missouri v. McNeely, that was to be argued to the United States Supreme Court. See The Slow Death of the 4th Amendment in DUI Cases. The case involved the...
View ArticleThe Slow Death of the 4th Amendment in DUI Cases
Because of their unpopularity, drunk driving cases are often used by police and prosecutors to chip away at the constitutional guarantees of our citizens. See The DUI Exception to the Constitution....
View ArticleThe Unknown Variable in DUI Cases: The Cop
The single most important factor in whether an individual will be arrested for driving under the influence (DUI) is not the evidence. It is the individual human differences of the officer himself. A...
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Double Jeopardy and Multiple Punishment in DUI Cases
When a person is arrested for DUI, his driver's license is confiscated by the arresting officer and he is given a notice of "administrative suspension". He is also given a citation to appear in court...
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Cops Using Duplicate Reports in DUI Cases
As any experienced DUI attorney knows, many police officers are considerably less than honest in their written DUI reports and in their testimony. One of the practices where this is most readily...
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