N.C. Lawmakers Strip Power from DWI Judges July 28, 2006
News Summary
North Carolina drivers who blow a .08-percent blood-alcohol reading in roadside sobriety tests will have little room to argue against the presumption of impairment under a measure approved this week by the state legislature.
The Charlotte Observer reported July 27 that the bill would sharply limit judicial discretion in DWI cases, almost guaranteeing that drivers with blood-alcohol readings over the state drunk-driving standard will be found guilty.
Trial lawyers complain that the measure -- passed 109-0 in the House and 47-1 in the Senate, and headed for approval by Gov. Mike Easley -- won't allow defendants to argue that they were not impaired, and relies too much on a single piece of equipment to determine guilt.
The bill, which came after a task force on DWI issued recommendations, also imposes tougher penalties for drunk driving, expands the definition of driving while impaired, outlaws alcohol consumption for anyone under age 21, and requires more recordkeeping for keg sales.
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