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State v. Allen6/1/2004
PUBLISHED
Defendant was cited for driving while impaired ("DWI"), driving while license revoked, operating a vehicle while displaying a fictitious license tag, failure to register a vehicle and operating a vehicle without requisite financial responsibility, all arising out of an incident on 24 February 2001. Defendant was also later indicted on one count of habitual DWI and as being an habitual felon. The State dismissed the registration and financial responsibility charges at trial. Defendant was found guilty of driving while impaired and driving while license revoked. Defendant stipulated to the three previous DWI convictions included in the bill of indictment on the habitual DWI charge. Defendant admitted his habitual felon status. Defendant appeals.
I. Facts
On 24 February 2001, Trooper Darren C. Yoder of the North Carolina Highway Patrol was dispatched to Mitzpah Church Road in the Reidsville area of Rockingham County to locate an impaired driver. Trooper Yoder was informed that the suspect was driving an older model white Toyota pickup truck. After reaching Mitzpah Church Road, Trooper Yoder witnessed the truck cross the centerline of the road. Trooper Yoder activated his patrol car's blue warning lights and siren in order to stop the truck. The truck pulled off the road and into a private driveway. Defendant was the driver of the truck.
Trooper Yoder approached the truck to speak with defendant. Trooper Yoder noticed a very strong odor of alcohol emanating from the truck while he spoke with defendant. Trooper Yoder asked defendant to get out of the truck and walk to the patrol car for further questioning. Trooper Yoder noticed that defendant was unsteady on his feet, had difficulty stepping out of the truck and had to hold onto the side of the truck in order to walk. While defendant was cooperative, Trooper Yoder noted that defendant seemed sleepy, his speech was slurred and he was difficult to understand. Trooper Yoder did not ask defendant to perform any psychophysical tests to estimate his level of impairment because Trooper Yoder believed that defendant was incapable of performing the tests without risk of physical harm from a potential fall.
During the interview with defendant, Trooper Yoder formed the opinion that defendant was impaired and placed him under arrest for impaired driving. Defendant was transported to the Rockingham County sheriff's office in Wentworth for the purpose of administering an intoxilyzer test. After being informed of his legal rights in regard to the test, defendant refused to take the test.
Defendant was found guilty at trial of DWI and driving while license revoked. Judgment was entered on the habitual DWI charge and driving while license revoked charge. Defendant was sentenced as an habitual felon due to his admission to having attained that status. Defendant appeals and argues: (1) that the trial court erred in denying defendant's motion to dismiss the charge of DWI for insufficiency of the evidence; (2) that defendant failed to execute a valid plea pursuant to the habitual felon indictment; (3) that the indictment charging defendant with habitual DWI is invalid and (4) that imposing habitual felon punishment violated defendant's federal and state constitutional rights. These arguments are unpersuasive. We find no error.
II. Insufficiency of the Evidence
Defendant argues that the State failed to present substantial evidence of his impairment. Defendant asserts that while the State presented some evidence of his impairment, this evidence was counterbalanced by the testimony of Trooper Yoder that defendant was able to drive normally after Trooper Yoder activated his veh
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