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criminal defense

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…

Posted on Jun 08, 2017
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….

Posted on Jun 06, 2017
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…

Posted on Jun 05, 2017
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…

Posted on Mar 22, 2017
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…

Posted on Mar 17, 2017
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…

Posted on Mar 07, 2017
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