Archive for December 2012

Stopping a Car – Are you Nervous?

Many Driving While Impaired offenses turn on the question of whether the police had the constitutional power to stop the car. That’s because once the car is stopped, most people make all kinds of admissions and display all kinds of clues that indicate that they may be impaired. Once those field sobriety tests are conducted,…

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Famous Persons who have been convicted of DWIs

George W. Bush – The former President of the United States was arrested for DUI. He plead guilty, paid a $150 fine, and had his driving privileges in the state of Maine temporarily revoked. Paris Hilton – On September 8th of 2006 Paris Hilton was pulled over for erratic driving and subsequently charged with DUI.…

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North Carolina Gun Laws and Regulations

What are the different types of guns? What is an “assault rifle” and what was the assault weapons ban? Does it still apply? Do all guns need to be registered? What guns are illegal to own? Who can own a gun? Who can’t? What kind of permit do I need to buy or own a…

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HGN Expert Testimony in North Carolina DWI Trials

Expert testimony, as I described in my previous post on this issue, is admissible under a hybrid rule in North Carolina articulated in Goode, Howerton, and related cases such as Ward. That three-part test is used for most expert testimony and, until 2006, for the Horizontal Gaze Nystagmus test (HGN) used in many DWI prosecutions.…

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Expert Testimony in North Carolina – Goode, Howerton, Ward

Whether an expert can testify as an expert in a criminal trial is a decision normally made by the judge. In the United States there are generally two tests – some states use the Daubert test. Others use the Frye test. North Carolina has its own approach. Daubert requires the judge to be a gatekeeper,…

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North Carolina Checkpoint Law

As the holiday season approaches, drivers should plan to expect checkpoints. Checkpoints are increasingly common features of law enforcement strategy and are governed by particular rules. Federal money subsidizes the use of checkpoints through state programs such as the Governor’s Highway Safety Program The general rule is that checkpoints may not be established for general…

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DUIs and Public Vehicular Areas

Most Raleigh DWIs involve driving on a street or highway. North Carolina, like most states, criminalizes impaired driving that occurs on any street or highway, including streets or highways that may be “private” but be used by the public in general. But what if drunk driving is alleged to have occurred in a driveway, parking…

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Few are applying to law school. That’s a Good Thing!

From time to time, I’ve written here about the problems of law school education. It turns out that tens of thousands of Americans are reaching the same conclusion that I have about the amount of time, effort, and money that goes into legal education. Whereas in other counties, legal education is chiefly accomplished through an…

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