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State v. Scaturro: Leaving the scene of an accident intentionally is not necessarily a crime
The NC Court of Appeals issued an opinion in State v. Scaturro (PDF) on Tuesday that clarified an important point relating to the obligations of an individual involved in a…
North Carolina Criminal District Court: A “Court of No Record”
I was a public defender in DC for a number of years before my family and I moved to North Carolina and I began practicing criminal law here in NC….
Sitting in judgment of DUIs one day, on trial the next
A judge in Fairfax County, VA was arrested on a DUI charge and subsequently removed from presiding over DUI cases in the county. The scale of the hypocrisy that infects…
How reliable is the Intox EC/IR II Breathalyzer? Part II.
In Part I of this series, I looked at the inherent inaccuracies of the Intox EC/IR II Breathalyzer instrument even as it attempts to measure the alcohol concentration of a…
How reliable is the Intox EC/IR II Breathalyzer? Part I.
Over 50,000 people in North Carolina were charged with Driving While Impaired (DWI) or a related offense in the fiscal year 2015/2016. Many of them were charged (and most later…
Retrograde Extrapolation Inadmissible in DWI Case Without “Fit” to Facts
The North Carolina Court of Appeals today in State v. Babich (PDF) ruled that the admission of expert testimony on “retrograde extrapolation” in a DWI case was error, because the…
