North Carolina Has Some New Laws

[gonzalesna 1]

Leave your opinionated bullshit in SC. This is just to let ya know what's new. Cry or boast about it in another topic.

Here's a brief summary...

H 113. MOTORCYCLE SAFETY ACT [SL2011-361] - Provides that a failure to provide right of way that causes a motorcyclist to change travel lanes or leave its travel lane is an infraction resulting in a fine of not less than $200.00 and a fine of not less than $500.00 if the violation results in property damage or personal injury to the motorcycle operator or passenger. This bill was introduced at the request of and is actively supported by CBA/ABATE of NC.

H 381. CHECKING STATION PATTERN SELECTION [SL2011-216] - Prevents law enforcement agencies from establishing patterns for vehicle stops at checking stations based on a particular type of vehicle, but allows law enforcement agencies to designate any type of commercial motor vehicle and provides that the provisions of the bill do not restrict any other type of checkpoint or roadblock which is otherwise lawful. Actively supported by CBA/ABATE of NC.

S 16. OBTAIN BLOOD SAMPLE/IMPLIED-CONSENT LAWS [SL2011-119] - Requires a law enforcement officer to request a blood sample under the state implied-consent laws from any person criminally charged in any case involving death by vehicle and certain other offenses and to seek a warrant if the driver refuses and there is probable cause to believe the offense involved impaired driving or is alcohol related.

H 49. LAURA'S LAW [SL2011-191] - Increases the punishment for DWI offenders with three or more grossly aggravating factors - prior DWI conviction within last seven years, driving with a revoked license, causing serious injury to another person, transporting a person under the age of 16 at the time of the violation - to a fine of up to $10,000 and imprisonment of at least 12 months and up to three years; requires continuous alcohol monitoring of certain offenders; and increases the court costs for DWI offenders. The legislation also requires alcohol monitoring after an offender is released from prison. It also provides that the defendant is not eligible for parole, but may be released for the last four months of the sentence but is subject to mandatory continuous alcohol monitoring. It also provides that the prison sentence may be suspended only if the convicted person serves at least 120 days in jail and is subject to continuous alcohol monitoring. The legislation provides for a "permanent" revocation of their driver's license, but allows an offender to apply for a conditional license restoration after three years. Any offender having his or her license restored would be required to have an alcohol-detection ignition interlock system on their vehicle for seven years. The legislation increases the court costs for all DWI offenders by $100. Offenders may get credit toward their sentence for in-patient treatment they receive for alcohol abuse.

H 427. RUN AND YOU'RE DONE [SL2011-271] - Provides for the seizure, forfeiture, and sale of vehicles used by defendants in felony cases involving speeding to allude arrest.

H 650. AMEND VARIOUS GUN LAWS/CASTLE DOCTRINE [S2011-268] - Expands the "Castle Doctrine" (allowing the use of deadly force against intruders in one's home) to cover one's automobile and place of work. It also expands the places where people with permits to carry concealed handguns can bring their weapons, making it lawful for permit-holders to take their guns onto state court property and into state parks if they secure them in their vehicles. It also allows guns at state highway rest stops and allows state lawmakers and other legislative employees to bring their guns to the legislative building as long as they keep them locked in their vehicles. It permits local governments to prohibit weapons from county recreation facilities. The legislation gives district attorneys, assistant district attorneys, and their investigators the same authority as law enforcement officers to carry weapons.

Some people refrain from beating a dead horse. Personally, I find a myriad of entertainment value when beating it until it becomes a horse-smoothie.

[wolfriverjoe 1,523]

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...H 650. AMEND VARIOUS GUN LAWS/CASTLE DOCTRINE [S2011-268] - Expands the "Castle Doctrine" (allowing the use of deadly force against intruders in one's home) to cover one's automobile and place of work. It also expands the places where people with permits to carry concealed handguns can bring their weapons, making it lawful for permit-holders to take their guns onto state court property and into state parks if they secure them in their vehicles. It also allows guns at state highway rest stops and allows state lawmakers and other legislative employees to bring their guns to the legislative building as long as they keep them locked in their vehicles. It permits local governments to prohibit weapons from county recreation facilities. The legislation gives district attorneys, assistant district attorneys, and their investigators the same authority as law enforcement officers to carry weapons.

So does this mean that they park their cars inside the building???

IBTM

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[Andrewwhyte 1]

A couple of questions occur to me.

H113
Is this a change in existing laws requiring provision of right of way to ALL traffic (not just motorcycles) or is it just a restating in order to highlight the problems that occur wrt motorcycles?

H427
Does the felony have to be independent of the evasive speeding or are they going to apply it to all excessive speeding cases. i.e. if you run that is the felony?

[wolfriverjoe 1,523]

Quote

A couple of questions occur to me.

H113
Is this a change in existing laws requiring provision of right of way to ALL traffic (not just motorcycles) or is it just a restating in order to highlight the problems that occur wrt motorcycles?

H427
Does the felony have to be independent of the evasive speeding or are they going to apply it to all excessive speeding cases. i.e. if you run that is the felony?

In most places in the US these days, running from the cops is a felony.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[Andy9o8 2]

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Quote

A couple of questions occur to me.

H113
Is this a change in existing laws requiring provision of right of way to ALL traffic (not just motorcycles) or is it just a restating in order to highlight the problems that occur wrt motorcycles?

H427
Does the felony have to be independent of the evasive speeding or are they going to apply it to all excessive speeding cases. i.e. if you run that is the felony?

In most places in the US these days, running from the cops is a felony.

Without doing a full 50-state survey, I'm pretty sure that most states' statutes link the severity of the "flight/evasion (etc.)" charge (i.e., felony vs. misdemeanor) to whether the underlying charge for which the person was fleeing was a felony or a misdemeanor.

[wolfriverjoe 1,523]

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Quote

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A couple of questions occur to me.

H113
Is this a change in existing laws requiring provision of right of way to ALL traffic (not just motorcycles) or is it just a restating in order to highlight the problems that occur wrt motorcycles?

H427
Does the felony have to be independent of the evasive speeding or are they going to apply it to all excessive speeding cases. i.e. if you run that is the felony?

In most places in the US these days, running from the cops is a felony.

Without doing a full 50-state survey, I'm pretty sure that most states' statutes link the severity of the "flight/evasion (etc.)" charge (i.e., felony vs. misdemeanor) to whether the underlying charge for which the person was fleeing was a felony or a misdemeanor.

Not necessarily.

http://www.realpolice.net/forums/ask-cop-112/58387-evading-felony-misdemeanor.html

This is the best I could find with a real quick search. It seems that TN, KY, MI are all automatically felonies, others it can be either depending on why you are fleeing or what you do while fleeing. And this is only a handful of states.

I'll retract my "most" and change it to "some."

Further search and a little bit more comprehensive answer:http://answers.yahoo.com/question/index?qid=20080316141016AAtypiq

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo