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Tag Archives: dwi

Criminal Practice – DWI – Second-Degree Murder – Expert Evidence – BAC – Retrograde Extrapolation – Odor of Alcohol – New Trial – Prior Convictions (access required)

State v. Davis. (Lawyers Weekly No, 10-07-1097, 34 pp.) (Linda M. McGee, J.) Appealed from Gaston County Superior Court. (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinions. Holding: Where the state’s expert based ...

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Criminal Practice – DWI – Motion to Suppress – Traffic Stop – Reasonable Suspicion – Conflicting Accounts – Insufficient Findings (access required)

State v. Derbyshire. (Lawyers Weekly No. 10-16-1077, 5 pp.) (Cheri Beasley, J.) Appealed from Wake County Superior Court. (Abraham P. Jones, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: At the hearing on defendant’s ...

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Criminal Practice – DWI – Defendant as Driver – Evidence – Passenger – Reckless Driving to Endanger (access required)

State v. Hensley. Even though defendant presented eyewitness testimony that, earlier on the day of the accident, defendant was a passenger on a moped, this did not negate the state's circumstantial evidence that defendant was driving the moped by the time of the accident.

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