 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Snyder4/4/1996
(1987); Carawan, 80 N.C. App. 151, 341 S.E.2d 96 (park grounds used as temporary parking lot during special event). To hold otherwise would result in parking areas for private clubs selling alcoholic beverages being insulated from the drunk driving laws of our State while the parking lots of nonprivate establishments serving alcohol would not be. Such a distinction could not have been intended by the legislature.
Summarizing, the trial court did not err in allowing the State's motion to amend the DWI indictment because the change did not substantially alter the offense charged. Further, the trial court did not err in denying defendant's motion to dismiss. Finally, the trial court did not err in peremptorily instructing the jury that the Club's parking lot was a "public vehicular area" as a matter of law. Thus, the decision of the Court of Appeals is
REVERSED.
Justice WEBB Dissenting.
I Dissent. I believe it was error to allow the State to amend the indictment to allege the defendant was driving in a public vehicular area. The majority says the situs of the impaired driving offense is one of the essential elements of the offense charged. Nevertheless, the majority says, it was not error to allow this amendment because it was alleged in the indictment that the offense occurred on a highway which was a situs included within the parameters of N.C.G.S. § 20-138.1(a). "It was merely a refinement in the description of the type of situs on which defendant was driving while impaired rather than a change in an essential element of the offense," says the majority. State v. Snyder, 1996 N.C. LEXIS 152, ___ N.C. ___, ___, ___ S.E.2d ___, ___, slip op. at 8 (Apr. 4, 1996) (No. 210PA95).
I do not believe this amendment to the indictment was merely a refinement in the description of the situs alleged in the indictment. Adding the words "public vehicular area" to the indictment changed one of the elements in the offense charged and substantially altered the charge. It violated Article I, Section 22 of the North Carolina Constitution and N.C.G.S. § 15A-923(e) (1988).
I vote to affirm the Court of Appeals.
I Dissent. I believe it was error to allow the State to amend the indictment to allege the defendant was driving in a public vehicular area. The majority says the situs of the impaired driving offense is one of the essential elements of the offense charged. Nevertheless, the majority says, it was not error to allow this amendment because it was alleged in the indictment that the offense occurred on a highway which was a situs included within the parameters of N.C.G.S. § 20-138.1(a). "It was merely a refinement in the description of the type of situs on which defendant was driving while impaired rather than a change in an essential element of the offense," says the majority. State v. Snyder, 1996 N.C. LEXIS 152, ___ N.C. ___, ___, ___ S.E.2d ___, ___, slip op. at 8 (Apr. 4, 1996) (No. 210PA95).
I do not believe this amendment to the indictment was merely a refinement in the description of the situs alleged in the indictment. Adding the words "public vehicular area" to the indictment changed one of the elements in the offense charged and substantially altered the charge. It violated Article I, Section 22 of the North Carolina Constitution and N.C.G.S. § 15A-923(e) (1988).
I vote to affirm the Court of Appeals.
|