 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jernigan3/21/1995
LEWIS, Judge.
Defendant was convicted of habitual impaired driving, no operator's license, and resisting arrest and was sentenced to consecutive terms of three years, six months, and six months, respectively. From the judgments and commitments, defendant appeals.
The State's evidence tended to show that on 2 January 1993 at about 1:45 a.m., Detective Douglas Vredenburgh, of the New Hanover County Sheriff's Department, observed defendant get into the driver's side of a black pickup truck at a convenience store. Vredenburgh knew defendant and was aware that he did not have a valid driver's license. Vredenburgh followed defendant for approximately a mile and a half with his blue lights on, and he noticed that defendant was driving erratically. The truck then pulled into a driveway near defendant's home. Defendant got out by the driver's side door and began running away from the truck. Defendant's passenger, Charles Curtis Atkinson, whom Vredenburgh also knew, got out of the passenger's side door but stood by the truck. Vredenburgh called for backup and then began to chase defendant, who had run out of sight. About three or four minutes later, Vredenburgh found defendant hiding in a bush in back of a nearby house. Defendant was then placed under arrest.
Defendant's evidence consisted of the testimony of Jasper Hollowuay and that of defendant. Hollowuay testified that at about 1:45 on the morning in question, he was driving to his parents' house, when he saw defendant, walking along the side of the road. Though he did not know him, he decided to offer defendant a ride because defendant was stumbling and weaving back and forth. As they approached defendant's home, Hollowuay saw the blue lights of the police car and decided to stop and let defendant out. Hollowuay testified that he had drunk a few beers and did not want to be stopped by the police.
Defendant testified that, after leaving a lounge, he began to walk home. As he was walking, Hollowuay offered him a ride and he accepted. After defendant got out of Hollowuay's car, he noticed the blue lights and saw a person running toward him. Defendant ducked behind a bush and the person ran by him. Shortly thereafter, an officer came up, ordered defendant out of the bushes, and arrested him.
Defendant also testified that because of his poor vision he receives disability benefits and is unable to drive. He further stated that he had not driven since 1990. On cross-examination, defendant testified that he had been receiving disability benefits for about seven years because of his vision. He also testified that in those seven years, he had been convicted of driving while impaired three times.
I.
Defendant's first contention relates to his conviction for habitual impaired driving. A person commits the offense of habitual impaired driving if he drives while impaired and has been convicted of three or more offenses involving impaired driving within seven years of the date of the current offense. N.C.G.S. § 20-138.5(a) (Cum. Supp. 1994). N.C.G.S. § 15A-928 (1988) provides the procedures to be followed in cases in which "the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter." § 15A-928(a). Defendant's contention is that the trial court erred in failing to follow the procedures set out in section 15A-928.
Section 15A-928(c) provides that after the commencement of the trial and before the close of the State's case, the Judge must arraign the defendant in the absence of the jury upon the charge that the defendant was pre
Page 1 2 3 4 5 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|