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North Carolina v. Tucker12/4/1984
case by case basis in the appellate division, the Attorney General, on behalf of the State of North Carolina, filed this declaratory judgment action and, in the alternative, petition for writ of mandamus or prohibition. The action requested a declaratory judgment as to those issues repeatedly raised concerning the constitutionality and application of the Safe Roads Act. Named as party defendant-respondents were those judges who had declared portions of the Act unconstitutional or construed its provisions in a manner adverse to the State. The complaint further named as defendants those individual defendants in whose cases the district court judges had so ruled.
Jurisdiction as to the individual and judicial defendants is alleged in the following manner:
III General Allegations
C. The judicial defendants named herein have all at one time or another ruled certain provisions of the Safe Roads Act to be unconstitutional or otherwise have construed the statute contrary to the intent of the General Assembly. Likewise, the individual defendants named herein have raised constitutional challenges to the Safe Roads Act at one point
or another or have alleged certain provisions of the Safe Roads Act denied them constitutional rights. They have at one point or another sought to declare the statute unconstitutional or in the alternative to have the charges against them dismissed.
D. All the defendants, by rulings or motions, have taken a position adverse to that of the State. There is a real, substantial and actual controversary between the parties.
E. The issues raised by the allegations herein are continually raised in the superior and district court divisions of the General Court of Justice. Upon information and belief, the State alleges that these issues will continue to arise and will impede the orderly and efficient administration of justice absent a prompt and definitive ruling.
F. The defendants and judges named herein all have an interest in the resolution of these questions.
G. The State of North Carolina has an interest in swift and orderly administration of justice and in the uniform application of the law throughout the State. The State has a compelling interest and a constitutionally mandated duty to enforce the criminal laws of the State that are designed to protect citizens of the State from the operation of vehicles by persons impaired by an impairing substance. The resolution of these questions is necessary for the State to fulfill its obligations.
The complaint contains a section of "Specific Allegations" which details the various challenges to the Safe Roads Act and judicial rulings entered thereon in the individual cases in the district and superior courts. The statutory provisions, criminal defendant (or civil plaintiff), presiding judge and judicial ruling in the cases alleged in this section of the complaint may be summarized as follows:
1. N.C.G.S. § 15A-534.2. Detention of impaired drivers. (Persons who are arrested for DWI, who are intoxicated, and pose a danger to themselves may be held for up to 24 hours.)
{PA}
Page 333} Held : Unconstitutional as it affects the defendant's right of access to counsel.
Cases : A. State v. Willie A. Johnson, (Wake County, 84CR5312). B. State v. Stephen J. Hartwig, (Wake County, 83CR83444). C. State v. Dannie Lin Tew, (Wake County, 84CR15166).
Judge: Narley L. Cashwell.
2. N.C.G.S. § 20-16.2(a)(6). Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request anal
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