On today’s episode Jake reviews the recent unpublished North Carolina Court of Appeals decision in State v. C.K.D. In C.K.D. the Court upheld the trial court’s dismissal of a DWI based on State v. Knoll.
Highlights:
Hear the very interesting and important facts surrounding the defendant’s detention in this case.
Learn why the magistrate’s Findings of Fact that defendant had “.17 BAC, red glassy eyes, slurred speech, and odor of alcohol” did not amount to clear and convincing evidence that defendant presented a danger to himself or others.
Discover why the Court rejected the State’s argument that defendant had waived his right to have a witness given that he had signed a form indicating that he did not wish anyone to observe him at the jail.
