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State v. Tabor9/7/2004
sonable ground to believe that the offense has been committed. State v. Crawford, 125 N.C. App. 279, 282, 480 S.E.2d 422, 424 (1997).
The facts in the present case show that Officer Eubank observed defendant operating a motor vehicle at a rate of speed in excess of the posted speed limit and in excess of the speed of other vehicles. Defendant had the strong odor of alcohol on hisperson and glassy eyes. Defendant experienced difficulty walking and difficulty standing without supporting himself against his vehicle. Defendant also experienced difficulty in retrieving his driver's license from his wallet. Defendant admitted that he had recently consumed beer, an alcoholic beverage, at the Carolina Panthers football game. Taken as a whole, these facts provide a basis for an officer to form a reasonable belief that defendant was guilty of driving while impaired. See, e.g., State v. Tappe, 139 N.C. App. 33, 38, 533 S.E.2d 262, 265 (2000) (probable cause to arrest for driving while impaired based upon observation of defendant's reckless driving, glassy eyes, and strong odor of alcohol); State v. Rogers, 124 N.C. App. 364, 369-70, 477 S.E.2d 221, 224 (1996), disc. review denied, 345 N.C. 352, 483 S.E.2d 187 (1997) (probable cause to arrest for driving while impaired based upon observations of defendant and odor of alcohol about the defendant's person).
We affirm the order denying the motion to suppress.
Affirmed.
Judges CALABRIA and ELMORE concur.
Report per Rule 30(e).
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