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Tag Archives: traffic stop

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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Trial & Error: That ‘fool for a client’ axiom? All true

Mea culpa. Mea maxima culpa. That's Latin for I screwed up big-time. I was so sure I was on solid ground back in July when I wrote a column taking on those guys who solicit business from people who've gotten traffic tickets. You know, the traffic-ticket firms who get lists of folks who have committed some minor infraction and then send them letters that seemed designed to scare the bejeezus out of them. Hire us, they say, or you'll be in worse trouble than you imagined.

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Criminal Practice – DWI – Effective Assistance – Evidence – HGN Test – Search & Seizure – Traffic Stop – Reasonable Suspicion (access required)

State v. Brown. Even though defendant's trial counsel failed to object to the admission of a horizontal gaze nystagmus (HGN) test, N.C. R. Evid. 702(a1)(1) permits expert testimony on the results of an HGN test on the issue of impairment.

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Criminal Practice – Search & Seizure – Traffic Stop – Weapons Pat-Down – First Impression – Pill Bottle – Meth (access required)

State v. King. (Lawyers Weekly No. 10-07-0806, 9 pp.) (Cheri Beasley, J.) Appealed from Buncombe County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: After being pulled over by a police officer, as the officer was approaching defendant’s vehicle, ...

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Criminal Practice – DWI – Closing Argument – Facts From Prior Case – New Trial – Search & Seizure – Traffic Stop – Reasonable Suspicion – Weaving (access required)

State v. Simmons. (Lawyers Weekly No. 10-07-0691, 27 pp.) (Linda Stephens, J.) Appealed from Pitt County Superior Court. (W. Russell Duke Jr., J.) N.C. App. Holding: In his final argument, the prosecutor injected his personal experiences from a prior case ...

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