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North Carolina v. Ham3/17/1992
-REF-->277 N.C. 547, 553, 178 S.E.2d 462, 466 (1971). Since more than seven hours had passed since defendant was initially taken into custody, there was little likelihood by this time that any testimony by Alpers concerning defendant's condition after arrest would be relevant. We also do not believe defendant's sobriety was likely affected during this one hour period.
Insofar as we find defendant has failed to adequately prove he was prejudiced by any statutory violations he is not entitled to relief. Defendant's burden of establishing prejudice, by showing valuable evidence was lost due to a failure to timely release him, is not alleviated simply because he is an out of state resident.
Reversed.
Chief Judge HEDRICK and Judge ORR concur.
Disposition
Reversed.
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