165. Substantial Similarity of Out of State Convictions - a podcast by James "Jake" Minick

An out of state prior DWI or DUI conviction can frequently rear its ugly head in a North Carolina DWI sentencing hearing. Does the prior conviction aggravate or grossly aggravate the sentence? Only if the trial judge finds as a matter of law that the out of state offense involving impaired driving is substantially similar to North Carolina’s impaired driving statute. In today’s episode we take a deep dive into how substantial similarity is determined and arguments that the defense can make during a sentencing hearing.

Highlights:

·       Uncover why focusing on substantial similarity can make a huge difference in your practice given the frequency of this issue popping up.

·       Learn how to use the rule of lenity in arguing that another jurisdiction’s impaired driving statute is not substantially similar to North Carolina’s DWI laws.

·       Discover the statutory framework and key cases related to “substantial similarity” in North Carolina and find out why knowing this framework gives you a huge leg up in a sentencing hearing.

·       Hear how the state should be arguing this issue and how to hold a ADAs accountable to their burden on this front.

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Further podcasts by James "Jake" Minick

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