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North Carolina v. Harrell12/5/1989
victed of operation of a motor vehicle without financial responsibility since N.C.G.S. § 20-313 (1983) applies only to vehicle owners. We agree. That statute expressly applies to vehicle owners, and it does not mention any other persons who might operate a vehicle. The State failed to adequately prove the defendant owned the vehicle in question. The only evidence tending to prove his ownership was the defendant's statement to a wrecker crew demanding that they not remove "his" car. Such an "admission" is certainly insufficient to prove ownership absent "substantial independent evidence tending to establish its trustworthiness . . . ." State v. Trexler, 316 N.C. 528, 532, 342 S.E.2d 878, 880 (1986) (quoting State v. Parker, 315 N.C. 222, 236, 337 S.E.2d 487, 495 (1985)). The State presented no such corroborating evidence. On the contrary, Officer Palmer testified that her investigation revealed that someone else owned the vehicle. Thus, we find the trial court erred in failing to dismiss the charge of defendant's violation of N.C.G.S. § 20-313.
Accordingly, we find no error in the convictions of driving while impaired and displaying an expired license plate, and we reverse the conviction for no insurance and remand for resentencing.
No error -- driving while impaired and displaying expired license or registration plate on a vehicle.
Reversed -- operation of a motor vehicle without financial responsibility.
Remanded.
Disposition
No error -- driving while impaired and displaying expired license or registration plate on a vehicle. Reversed -- operation of a motor vehicle without financial responsibility. Remanded.
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