Legal Opinion

State v. Chisholm

Court of Appeals of North Carolina

Decided November 16, 1999No. COA98-1302PublishedCited by 2 opinions

1Opinion of the Court

WYNN, Judge.

North Carolina allows a driver’s vehicle to be seized and forfeited if the driver violates the State’s impaired driving and license revocation laws. In this case, the district court found that the seizure and forfeiture statutes were unconstitutional under both the United States Constitution and the North Carolina Constitution. We, however, uphold the constitutionality of the seizure and forfeiture statutes; accordingly, we reverse the decision of the district court.

I. Facts and Procedural History

On 19 April 1998, an officer charged the defendant Bruce Chisholm with driving while…

2Cases cited23 opinions

  1. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  2. Harris v. United StatesSupreme Court of the United States · 1947
  3. Bennis v. MichiganSupreme Court of the United States · 1996
  4. In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
  5. Florida v. WhiteSupreme Court of the United States · 1999

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3Cited by2 opinions

  1. Morin v. SharpCourt of Appeals of North Carolina · 2001
  2. Helton v. GoodDistrict Court, W.D. North Carolina · 2002

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