North Carolina Throws Out DUI Case Over Prosecutorial Delay

North Carolina Throws Out DUI Case Over Prosecutorial Delay

North Carolina Court of Appeals rules a driver cannot go three years charged with DUI without a trial.

The North Carolina Court of Appeals ruled last week that a motorist charged with serious driving crimes cannot go for more than three years without a trial. It was on June 26, 2010 that Winston-Salem Police Officer Richard Necessary arrested Steven Glenn Bryan on Jonestown Road for driving without a license while Read More

North Carolina: Cops May Not Grab Driver Looking For Safe Place To Stop

North Carolina: Cops May Not Grab Driver Looking For Safe Place To Stop

Federal judge rules looking for a safe place to pull over at midnight does not justify police pulling a passenger out of a vehicle.

Motorists are frequently told they are allowed to find a safe, well-lit location to pull over when an officer behind activates his lights. Following this advice can often lead to trouble, as even a delay in pulling over of thirty seconds or less can enrage officers. … Read More

Georgia Court Invalidates Search Over A Misplaced License Decal

Georgia Court Invalidates Search Over A Misplaced License Decal

The full Georgia Court of Appeals rejects the search of a vehicle over a license plate decal on the wrong side of the plate.

Chief Judge Herbert E. PhippsThe Georgia Court of Appeals divided 3 to 2 last month on the question of whether police were wrong to search a motorist merely because he appeared nervous and had his license plate decal on the wrong corner of the plate. On July 24, 2009, a … Read More

Ohio Court: Polite Drivers Are Not Suspicious

Ohio Court: Polite Drivers Are Not Suspicious

Ohio Court of Appeals throws out conviction of a man who was searched during a traffic stop because he was too polite.

Judge Mary J. BoyleThe second highest in Ohio decided on Wednesday that police have no business searching a motorist during a routine traffic stop for being too polite. The Court of Appeals suppressed the evidence that allowed police to seize a .40 caliber Sig Sauer and a small bag of marijuana … Read More

California Supreme Court Outlaws Science In DUI Cases

California Supreme Court Outlaws Science In DUI Cases

Scientific evidence challenging the accuracy of breathalyzers is not admissible, California Supreme Court rules.

California Supreme CourtScientific evidence cannot be brought into evidence to challenge a borderline conviction for driving under the influence of alcohol (DUI) in California. The state Supreme Court last week rejected Terry Vangelder’s attempt to clear his name after he was arrested for drunk driving though he showed few signs of impairment in field sobriety tests.

California Highway … Read More