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State v. Tesar9/21/2004
es stopped defendant's vehicle. In addition, Deputy Aytes testified that after he saw defendant fail to stop at a DWI checkpoint and veer his vehicle into a ditch, defendant had slurred speech, glassy eyes, and an odor of alcohol. Although defendant presented evidence that he contends justifies a finding that he was not driving while impaired, the " vidence in the record supporting a contrary inference is not determinative on a motion to dismiss." Scott, 356 N.C. at 598, 573 S.E.2d at 870. Under the applicable standard of review, we hold the State presented ample evidence to defeat the motion to dismiss. State v. Catoe, 78 N.C. App. 167, 170, 336 S.E.2d 691, 693 (1985) (arresting officer's observations of a moderate odor of alcohol, slurred speech, and glassy eyes together with a breath alcohol concentration of .09 was sufficient evidence to go to the jury), disc. review denied, 316 N.C. 380, 344S.E.2d 1 (1986).
No error.
Judges BRYANT and ELMORE concur.
Report per Rule 30(e).
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