20-38.1. Applicability. The procedures set forth in this Article shall be followed for the investigation and processing of an implied-consent offense as defined in G.S. 20-16.2. The trial procedures shall apply to any implied-consent offense litigated in the District Court Division. (2006-253, s. 5.)
20-38.2. Investigation. A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer’s territorial jurisdiction is authorized to investigate and seek evidence of the driver’s impairment anywhere in-state or out-of-state, and to make arrests at any place within the State. (2006-253, s. 5.)
20-38.3. Police processing duties. Upon the arrest of a person, with or without a warrant, but not necessarily in the order listed, a law enforcement officer: (1) Shall inform the person arrested of the charges or a cause for the arrest. (2) May take the person arrested to any place within the State for one […]
20-38.4. Initial appearance. (a) Appearance Before a Magistrate. – Except as modified in this Article, a magistrate shall follow the procedures set forth in Article 24 of Chapter 15A of the General Statutes. (1) A magistrate may hold an initial appearance at any place within the county and shall, to the extent practicable, be available […]
20-38.5. Facilities. (a) The Chief District Court Judge, the Department of Health and Human Services, the district attorney, and the sheriff shall: (1) Establish a written procedure for attorneys and witnesses to have access to the chemical analysis room. (2) Approve the location of written notice of implied-consent rights in the chemical analysis room in […]
20-38.6. Motions and district court procedure. (a) The defendant may move to suppress evidence or dismiss charges only prior to trial, except the defendant may move to dismiss the charges for insufficient evidence at the close of the State’s evidence and at the close of all of the evidence without prior notice. If, during the […]
20-38.7. Appeal to superior court. (a) The State may appeal to superior court any district court preliminary determination granting a motion to suppress or dismiss. If there is a dispute about the findings of fact, the superior court shall not be bound by the findings of the district court but shall determine the matter de […]
