North Carolina DWI Trial Notebook, Second Edition with 2007 Supplement
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This best-selling publication is now complete with the 2007 update. The 2007 update addresses the most recent revisions to North Carolina's impaired driving statutes that were contained in the Motor Vehicle Driver Protection Act of 2006. The update comes with a revised portable "DWI Playbook."
The up-to-date edition of the DWI Trial Notebook is authored by leading criminal defense attorney David Teddy, and provides fingertip access to the most important statutes, regulations, and case law related to DWI defense. This publication is divided into four main sections:
• Phase I: Vehicle in Motion
• Phase II: Personal Observation
• Phase III: Pre-Arrest Screening, and
• Phase IV: Proving BAC
The 2007 Supplement revises important parts of the publication and brings the second edition completely up to date. It includes the full text of applicable cases and other materials needed for DWI defense. This Manual is designed for easy reference in the courtroom and in your office.
Portable DWI Playbook
The 2007 Supplement comes with a new version of the popular portable "DWI Playbook" for courtroom use. The Playbook follows the logical progression of a DWI trial in District Court or Superior Court. It lays out each part of the defense process in a step-by-step manner and offers a concise view of the all the steps involved in the defense. It now includes a new Phase V discussing Sentencing. It also identifies key Officer and Lawyer tasks as well important cautions and notes.
Table of Contents
Phase I: Vehicle in Motion
What Constitutes Reasonable Suspicion to Stop?
Weaving, Standing Along, Does Not Equal Reasonable Suspicion
Phase II: Personal Contact
What did the Officer See? What did the Officer Smell?
Suppressing the ABC Test and the Counting Test
Phase III: Pre-Arrest Screening
Three Standardized Field Sobriety Tests
Suppressing the Three Standardized Field Sobriety Tests: (1) HGN; (2) One-Leg Stand; (3) Walk and Turn)
Suppressing the Portable Breath Test (PBT or Alco-Sensor)
What Does Probable Cause to Arrest Mean?
The Arrest Decision Requires a Careful Review of All Three Phases
Phase IV: Proving BAC
Laying the Foundation: Important Statutes, Administrative Regulations, and Cases
Witness Confrontation Issues
Motor Vehicle Driver Protection Act of 2006
10 Sample Motions including Motion for Discovery, Motion to Suppress DWI Arrest at driver's License Checkpoint, and Motion to Dismiss Charge of Reckless Driving Based upon Lack of Probable Cause