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Record #:
19996
Abstract:
This bulletin explains procedures enacted by the Motor Vehicle Driver Protection Act of 2006 that govern the filing of motions to suppress and motions to dismiss in implied consent cases in district court, the determination of such motions, and the process for appealing those determinations. The Bulletin also examines the North Carolina Court of Appeals' decisions in State v. Fowler, ___ N.C. App. ___, 676 S.E.2d 523 (2009), in which the court upheld the motions procedures as constitutional and explained the circumstances and manner in which they applied, and State v. Palmer, ___ N.C. App. ___, 676 S.E.2d 559 (2009), in which the court clarified the mechanism by which a state may appeal a district court's determination of such a motion.
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Record #:
29916
Abstract:
The Motor Vehicle Driver Protection Act of 2006 enacted provisions designed to avoid dismissals of cases based upon the North Carolina Supreme Court's opinion in State v. Knoll, in which the court ordered the dismissal of impaired driving charges against three defendants based upon the denial of access to witnesses. This bulletin examines Knoll and its progeny and their relationship to procedural requirements designed to ensure that defendants charged with implied consent offenses are afforded an opportunity to gather evidence for their defense.
Source:
Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 7, Dec 2009, p1-18, bibl, f
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