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North Carolina v. Ferguson3/17/1992
COZORT, Judge.
On 13 November 1990 defendant was convicted in Haywood District Court of driving while impaired. On appeal to superior court, the jury found defendant guilty as charged. Defendant received a one-year suspended sentence. From the judgment, defendant appeals. We find no error.
The State presented the following evidence: On 13 February 1990 Highway Patrol Trooper James Gladden went to defendant's
home at approximately 5:35 p.m. to investigate a hit-and-run automobile accident possibly involving a car registered to defendant's wife. As he was leaving the house, Trooper Gladden met a 1964 Buick approaching the house. Trooper Gladden observed defendant exiting the car on the driver's side and Ray White exiting the car on the passenger side. As Trooper Gladden approached defendant to question him concerning the hit-and-run, he noticed defendant smelled strongly of alcohol. He also observed that defendant was unsteady on his feet, had slightly slurred speech, and his eyes had a glazed look. From his observations, Trooper Gladden formed the opinion that defendant was impaired. He placed defendant under arrest for driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 (1988). The chemical breath analysis test administered according to state law indicated defendant's blood alcohol level was 0.12.
Defendant offered the following evidence: Ray White and defendant were returning to defendant's house from an American Legion meeting. Since defendant knew he had consumed too much alcohol at the meeting to drive, Mr. White drove them both to defendant's house. Mr. White testified that he was the operator of the vehicle immediately prior to the encounter with Trooper Gladden. J. C. Cashwell testified that he was at the American Legion meeting and observed Mr. White enter the car on the driver's side and defendant enter the car on the passenger's side.
On appeal defendant contends the trial court (1) lacked jurisdiction to hear the case, (2) committed prejudicial error in admitting Trooper Gladden's testimony that he was at defendant's residence to investigate a hit-and-run accident, (3) committed plain error in admitting Trooper Gladden's testimony that he was at defendant's residence to investigate a hit-and-run accident, (4) committed prejudicial error in admitting Trooper Gladden's testimony that the normal mission of his dog was interstate drug interdiction, and (5) erred in denying defendant's motion to dismiss the charge at the close of all the evidence.
In his first assignment of error, defendant argues the trial court lacked jurisdiction over the offense charged because neither he nor Trooper Gladden signed the citation indicating delivery to defendant. N.C. Gen. Stat. § 15A-302 (Cum. Supp. 1991) requires a copy of the citation to be delivered to the cited person who may sign a receipt on the original. If the cited person refuses
to sign, the officer issuing the citation must sign the original indicating delivery. Id. Although Trooper Gladden signed the citation once, he did not sign in the designated space to indicate delivery of the citation to defendant. We find defendant has waived his right to challenge the sufficiency of the citation by entering his plea and proceeding to trial without a motion to quash the indictment. See State v. Perry, 69 N.C. App. 477, 317 S.E.2d 428 (1984).
In his second assignment of error, defendant contends the trial court committed prejudicial error in admitting Trooper Gladden's testimony that he was at defendant's residence for the purpose of investigating a hit-and-run
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