Do I Have to Blow?
May 1st, 2020
In general, a driver may refuse to blow into a portable breath test (“PBT”), a test often administered during a traffic stop when determining probable cause to arrest. Refusal to blow into a PBT does not revoke a driver’s license in North Carolina. However, the refusal may be used against a driver by an officer to determine probable cause, in…
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Fingerprint Evidence Under Scrutiny in North Carolina Courts
April 13th, 2020
Expert evidence remains a high burden under Rule 702. On April 7, 2020, the North Carolina Court of Appeals held a trial court committed legal error in admitting an expert’s fingerprint testimony for the prosecution.1 In Koiyan, the defendant was indicted for Robbery with a Dangerous Weapon.2 Part of the facts elicited at trial included an expert…
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