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Aug 28, 2014

Civil Rights – ADA – Driver’s License – Additional Tests

Wilson v. Thomas (Lawyers Weekly No. 14-02-0833, 8 pp.) (Terrence Boyle, J.) 5:14-cv-00085; E.D.N.C. Holding: Plaintiffs are disabled individuals and an organization who object to defendants’ requirements that qualified individuals with disabilities undergo unwarranted road testing, medical reviews, and behind-the-wheel assessments; have arbitrary license restrictions; and bear the cost and [...]

Aug 28, 2014

Criminal Practice – DWI – Driving – Single-Car Accident

State v. Scruggs (Lawyers Weekly No. 14-16-0829, 9 pp.) (Sam Ervin IV, J.) Appealed from Macon County Superior Court (Marvin Pope, J.) N.C. App. Unpub. Holding: As proof that defendant had been driving the vehicle involved in a single-car accident, the state showed much more than defendant’s presence in the wrecked vehicle. The state also […]

Aug 28, 2014

Criminal Practice – DWI – Reasonable Suspicion – Anonymous Tip – Domestic Disturbance

State v. Bustle (Lawyers Weekly No. 14-16-0828, 11 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court (Sharon Tracey Barrett, J.) N.C. App. Unpub. Holding: Where the 911 caller gave enough information to place his anonymity at risk, and where the arresting officer quickly corroborated the details provided by the caller, the officer […]

Apr 29, 2014

Get your employees to hang up and drive

As a society, we’re not getting any smarter in terms of cell phone use and driving. In my book More Secrets of the Business of Law, published in 2006, I discussed the first lawsuit that I’d heard about involving employer liability for an accident caused by an employee’s negligent use of a cell phone. Since […]

Feb 11, 2011

Push for ban on cell phone use while driving is on

With texting behind the wheel already outlawed in North Carolina for more than a year, two new bills have been introduced in the legislature this year to ban cell phone use while driving. H. 31, titled "An act to make using a mobile phone unlawful while driving a motor vehicle on a public street or highway or public vehicular area," sponsored by Reps. Garland E. Pierce, D-Hoke, and Charles Graham,[...]

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