Archive for October 2014

Attorney Access to ACIS

North Carolina’s outdated computer system – the Automated Criminal Infractions System – looks like something out of War Games, that early 1980s thriller where Matthew Broderick hacks into a government missile computer and eventually teaches it, tic-tac-toe, that there is no winner in a nuclear holocaust. I had a 300 baud modem too, which in…

Read More

Lucy Inman Endorsed for Court of Appeals

The News & Observer today endorsed Lucy Inman, a Superior Court Judge appointed by Governor Perdue in 2010, in her bid to become a North Carolina Court of Appeals judge. The N&O noted: Lucy Inman gets The News & Observer endorsement because of her experience in a higher level court and because of an illustrious…

Read More

Wake County District Attorney Race Thoughts

Wake County voters will elect a new District Attorney, the first DA elected by voters in more than two decades not named “Colon Willoughby.” Willoughby announced that he would not seek re-election in January and then soon after announced his retirement. District Court Judge Ned Mangum was appointed as interim DA to fill out the…

Read More

Wake County District Court Races: Croom v. Gilliam and Ansley v. Meyer

The North Carolina Bar Association conducts election-time surveys of lawyers (pdf) in the state about the qualifications of people who are running for judgeships. While the Judicial Performance Evaluation Surveys are not widely distributed, they are designed to inform the general public about the candidates for judicial seats. In North Carolina, while we have elected…

Read More

Mouth Alcohol and DWIs

When someone is pulled over for a driving while impaired offense, they will often be asked to perform a breathalyzer test. This test is usually conducted at the Wake County Jail. This test is usually performed on a device called an Intox EC/IR II. Under North Carolina law, a person generally must register at least…

Read More

Attorneys and Bondsmen

North Carolina law prohibits lawyers from having any kind of interest in bonding activities. In addition, the North Carolina Rules of Professional Conduct make it a professional ethical violation for an attorney to be involved in bonding activity. The reason for this is that a bondsman's interests are often not aligned with the client's or…

Read More

DWIs and Certificate Action for Airmen

A driving while impaired charge is a traumatic experience for anyone, affecting a person's ability to drive, criminal record, insurance, and career prospects. For most first-time DWI charges, however, jail time is not likely in North Carolina state courts, unless the facts of the case are egregious or unless someone was seriously injured or killed.…

Read More

Colon Willoughby Endorses Lorrin Freeman

Colon Willoughby endorsed Democratic candidate Lorrin Freeman: I worked alongside Lorrin in the Wake County Courthouse for almost 10 years and have seen her commitment to serving justice with integrity and fairness. She has the experience and leadership to maintain the public trust.

Read More

AOPA, Pilot Regulations, and the Criminal law

Last month I attended the Airplane Owners and Pilots Association (AOPA) fly-in at AOPA headquarters in Frederick, Maryland. The day before the fly-in, AOPA sponsored a Continuing Legal Education program for attorneys who are members of the AOPA legal defense panel, or people like me who are applying to join the legal defense panel. The…

Read More

The Naked 8 and a Cary DWI

In Wake County District Courts, if a blood alcohol concentration is admitted into evidence, and there is no good explanation (other than alcohol) offered by the defense to explain the number, then the number will generally be taken as sufficient evidence that the person was impaired. In DWIs where a person has been stopped by…

Read More