A trial court can’t use aggravating sentencing factors in a DWI case if prosecutors fail to inform the defendant of their intentions to use them as required by state law, even if the factors were introduced in an earlier proceeding, ...

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A police officer who pulled over a car to look for a man driving without a license but instead found a woman who smelled of alcohol was justified in detaining the woman for sobriety testing, the North Carolina Court of ...

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North Carolina state troopers have accused a man of driving at more than 100 mph (44 km/h) while under the influence of methamphetamine with two children inside the car. The News & Observer of Raleigh reports a North Carolina Highway ...

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The family of a woman killed in a 2013 drunk driving accident in Chatham County has won a major victory in its efforts to a collect a $4.3 million verdict handed down against the at-fault driver. The North Carolina Court ...

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A police officer had probable cause to arrest defendant for driving while impaired without the use of objective field sobriety tests or breath tests based on the strong odor of alcohol coming from defendant’s person, his unresponsive answers to the ...

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  After rulings by the district court, superior court, and state Court of Appeals, Marian Curtis appeared well on her way to beating a drunken driving charge because the statute of limitations had expired. But then the Supreme Court of ...

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After defendant was arrested for driving while impaired, the magistrate (1) failed to inform her in writing that she could have others appear at the jail to observe her condition, (2) failed to require her to list all persons she ...

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For the reasons stated in State v. Curtis (Lawyers Weekly No. 010-067-18), we reverse and remand with instructions to vacate the dismissal of the driving while impaired charge against defendant. State v. Turner (Lawyers Weekly No. 010-070-18, 1 p.) (Per ...

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Although the former version of G.S. § 15-1 appeared to require that an indictment or presentment be filed against a misdemeanant in order to toll the two-year statute of limitations, a citation was sufficient to toll the statute of limitations ...

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Both the superior court and the Court of Appeals erred when – rather than determining whether the unchallenged findings of fact supported the challenged conclusion of law – they instead reviewed the evidence to determine whether it supported the challenged ...

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