CHECKPOINTS State v. Alvarez, 894 S.E.2d 737, No. 278PA21 (N.C. 2023)
Holding: The Supreme Court reversed the Court of Appeals finding that there was reasonable suspicion to stop the vehicle due to the lane violation but did not address the findings of the Court of Appeals regarding the Constitutionality of the checkpoint. Use the Court of Appeals opinion to attack a checkpoint based on the lack of a proper primary programmatic purpose.
PROBABLE CAUSE
State v. Woolard, 894 S.E.2d 717, No. 208PA22 (N.C. 2023)
Holding: The Supreme Court found it had discretionary authority to rule on the merits of the case and found probable cause.
EXPERT TESTIMONY State v. Williams, 891 S.E.2d 499, No. COA22-1015 (N.C. App. 2023) (unpublished).
Holding: It was not error for the trial court to allow a DRE to offer testimony about a DWI investigation that the DRE was not involved in, when the DRE stated that she could not testify (i.e. give an opinion) as to whether the Defendant was impaired.
BREATH TEST State v. Forney, No. COA23-338 (N.C. App. 2024)
Holding: The provisions of the Department of Health and Human Services requiring an observation period by the chemical analyst were violated in this case and a new fifteen-minute observation period should have occurred after the Defendant spat the gum out of his mouth before taking breath samples. The results of the breath test should have been suppressed, but the Court concluded that in this case the admission of the BAC results was harmless error.
BLOOD DRAW
State v. Burris, 289 N.C. App. 535, 890 S.E.2d 539, No. COA22-408 (2023) (unpublished)
Note: Case is currently pending appeal to the N.C. Supreme Court.
Holding: Based on Mitchell v. Wisconsin, 588 U.S. ___, 139 S. Ct. 2525 (2019) the Court of Appeals found that exigent circumstances almost always exist to conduct a warrantless blood draw from an unconscious driver. This opinion is at odds with State v. Romano, 369 N.C. 678, 800 S.E.2d 644, No. 199PA16 (2017). Both Romano and Burris were in Buncombe County.
State v. Russell, 891 S.E.2d 502, No. COA22-1059 (2023) (unpublished)
Holding: The Confrontation Clause is not violated where a substitute expert from the SBI testifies (and is subject to cross-examination) using another SBI agent’s previously generated report, which otherwise may be inadmissible, in forming an independent expert opinion.
SUFFICIENCY OF EVIDENCE
State v. Burris, 289 N.C. App. 535, 890 S.E.2d 539, No. COA22-408 (2023) (unpublished)
Note: Case is currently pending appeal to the N.C. Supreme Court.
Holding: The State presented sufficient evidence of driving to survive a motion to dismiss. Moreover, the officer describing the Defendant at trial as “the driver” without personally observing the same was admitted without error due to the Court giving a curative instruction.
State v. Jones, 894 S.E.2d 290, No. COA23-254 (2023) (unpublished)
Holding: In the light most favorable to the State, the State introduced substantial evidence that could prove Defendant was appreciably impaired and the trial court did not err in denying the Defendant’s motion to dismiss at the close of the State’s evidence.
PRE-TRIAL RELEASE & KNOLL
Pretrial Integrity Act – This act, in part, limits the authority of a magistrate judge to set conditions of pre-trial release for a person charged with DWI if the offense occurs while the defendant was on pretrial release for another pending proceeding. Only a district court judge has the authority to set the conditions of pretrial release for the first 48 hours following the defendant coming into custody for an alleged DWI offense if the defendant was on pre-trial release at the time of the newly alleged DWI.
State v. C.K.D., 895 S.E.2d 923, No. COA23-204 (2023) (unpublished)
Note: Case is currently pending appeal to the N.C. Supreme Court.
Holding: The trial court did not err in dismissing the DWI charge against Defendant based on State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988). “Even if defendant waived his right to have someone observe him at the jail, he did not waive his right to have friends or family observe his condition outside the jail, which is what would have occurred had he been permitted to call a taxi and return home to his wife.”
PLEA AND SENTENCING
State v. Harper, 894 S.E.2d 798, No. COA23-206 (N.C. App. 2023)
Holding: The trial court erred by failing to arrest judgment on Defendant’s conviction for DWI, as it is a lesser-included offense of serious injury by vehicle for which Defendant was also convicted. State v. Smith, No. COA22-621 (2024) (unpublished) Holding: The Court rejected the Defendant’s attempt to analogize her attorney’s lack of explanation regarding the collateral consequences of her license to the immigration collateral consequences addressed by Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473 (2010).
