Accessing video evidence, body-cam, and dash-cam video in North Carolina potentially just became a lot harder to obtain. TL;DR Quick Take: North Carolina v. Chemuti limits how defendants can access police body-worn and dash-camera recordings. The Supreme Court held that Rule 45 subpoenas cannot compel production of law-enforcement video. Instead,…
For more than three decades, I have worked in North Carolina courtrooms handling DUI cases where law, science, and technology collide. Few areas highlight that collision more than impaired driving prosecutions involving fatalities and serious injuries. When an officer testifies about roadside tests or a LCA – Licensed Chemical Analyst…
DRE testimony has become a fixture in North Carolina’s most serious impaired driving cases, including felony death by vehicle and second-degree murder charges. The Court of Appeals’ July 2025 opinion in North Carolina v. Moore provides essential guidance for lawyers, judges, and anyone facing charges based on drug impairment evidence. Understanding…
Intermittent fasting has gained popularity for a range of personal and medical reasons, from weight management and metabolic health to religious observance and athletic discipline. While it may offer certain physiological benefits, fasting also triggers changes in the body’s metabolic pathways that may complicate the interpretation of forensic alcohol testing…
When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder. While both…
North Carolina’s DWI enforcement relies heavily on evidentiary breath tests to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. While officers may perform preliminary roadside screening with a handheld device, the real focal point often comes from the Intoximeter EC/IR II machine. This desktop breath-testing device…
When a law enforcement officer in North Carolina suspects impaired driving, they may conduct Standarized Field Sobriety Tests (SFSTs) to gauge whether enough evidence exists for an arrest or further chemical testing. Roadside dexterity tests—commonly the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test—remain a…
North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on…
DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to…
North Carolina regulates portable breath tests (PBTs), sometimes referred to as the “breathalyzer,” through specific administrative rules and statutory provisions. Law enforcement officers regularly rely on alcohol screening devices to assess whether a driver has consumed alcohol and may be part of the “arrest decision” related to probable cause. To…
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