Teddy's North Carolina DWI Trial Notebook
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This publication covers the relevant laws for representing clients charged with DWI in North Carolina and provides a step-by-step trial notebook - fingertip access to the most important statutes, regulations, and case law related to DWI defense.
The easy-to-use reference includes a practical insert outlining NHTSA clues and SFST protocols created by Doug Scott of Drugs & Alcohol Risk Management, Inc.
This book has a long history. David R. Teddy of Teddy, Meekins & Talbert, P.L.L.C., in Shelby, North Carolina, developed the original version of this publication (The DWI Trial Notebook) in February 2005. A second edition was published in 2007. Today, Andrew Banzhoff and N. Cole Williams are editors of this publication, now retitled Teddy’s North Carolina DWI Trial Notebook to honor David Teddy’s immeasurable inspiration and contribution to his profession.
The notebook is divided into these sections:
Phase I: VEHICLE IN MOTION (VEHICLE STOPS)
Phase II: PROBABLE CAUSE
Includes a Sample Motion to Suppress Arrest, District Court Preliminary Indication to Grant Defendant’s Motion and a Superior Court Order Affirming District Court
Phase III: PRE-ARREST SCREENING
Includes copies of all related NC Administrative Codes and retrograde extrapolation worksheets
Includes a DRE Drug Matrix chart
Phase VI: SENTENCING
Includes a sentencing chart and a listing of NC Ignition Interlock and SCRAM Providers
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Table of contents
PHASE I — VEHICLE IN MOTION (VEHICLE STOPS)
1. Was There a Seizure?
2. The Lawfulness of the Stop
Appendix 1: State v. Rose
Appendix 2: N.C.G.S. § 20-16.3
PHASE II — PROBABLE CAUSE
1. Extension of Detention
2. "Post-Stop Cues" & Standardized Field Sobriety Tests (SFST's)
3. Arrest After a Collision
4. No Probable Cause for DWI, BUT there is Probable Cause of Another Offense
Appendix 1: Sample Motion to Suppress Arrest
Appendix 2: District Court Preliminary Indication to Grant Defendant's Motion
Appendix 3: Superior Court Order Affirming District Court
PHASE III — PRE-ARREST SCREENING
1. The Three Standardized Field Sobriety Tests
2. Preliminary Breath Testing - BRAC Breath Alcohol Content
3. Challenging the Probable Cause to Arrest
4. Challenging the SFST's at Trial
Appendix 1: N.C.G.S. § 20-16.3
Appendix 2: N.C.G.S. § 20-16.3A
Appendix 3: Rule 702
Appendix 4: North Carolina Administrative Code 10A NCAC 41B .0502
Appendix 5: North Carolina Administrative Code 10a NCAC 41B .0503
PHASE IV — PROVING BLOOD ALCOHOL CONCENTRATION
1. Proving Blood Alcohol Concentration
2. Foundation for Blood Test
3. Retrograde Extrapolation
Appendix 1: N.C.G.S. § 20-16.2
Appendix 2: North Carolina Administrative Code 10A NCAC 41B.0101
Appendix 3: North Carolina Administrative Code 10A NCAC 41B.0322
Appendix 4: North Carolina Administrative Code 10A NCAC 41B.0313
Appendix 5: North Carolina Administrative Code 10A NCAC 41B.0323
Appendix 6: Retrograde Extrapolation of Alcohol Concentrations
Appendix 7: Conversion of Plasma or Serum Alcohol to Whole Blood Alcohol
Appendix 8: Conversion of Plasma or Serum Alcohol to Whole Blood Alcohol
Appendix 9: Conversion Medical Examiner's Whole Blood Alcohol Value of an SBI value
Appendix 10: MATA v. THE STATE OF TEXAS
PHASE V — PROVING DRUG IMPAIRMENT
1. Drug Recognition Experts
2. Challenging the Opinions of the Drug Recognition Expert
Appendix 1: DRE Drug Matrix Chart
Appendix 2: DRE Student manual pages – 12 Steps
Appendix 3: Brightful opinion
PHASE VI — SENTENCING
1. Sentencing Procedure in District Court
2. Sentencing Procedure in Superior Court
Appendix 1: N.C.G.S. § 20-179
Appendix 2: Sentencing Chart
Appendix 3: NC Ignition Interlock and SCRAM Providers