 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Rowe10/19/2004
whether the evidence will permit a reasonable inference that the defendant is guilty of the crimes charged." State v. Vause, 328 N.C. 231, 237, 400 S.E.2d 57, 61 (1991). In deciding the motion, the trial court must consider the evidence in the light most favorable to the State, giving it the benefit of every reasonable inference that may be drawn from the evidence. State v. Brown, 310 N.C. 563, 566, 313 S.E.2d 585, 587 (1984).
A prima facie case of driving while impaired exists when thereis evidence that the defendant has been drinking, combined with evidence of impairment, such as faulty driving or other conduct indicating an impairment of physical or mental faculties. State v. Hewitt, 263 N.C. 759, 764, 140 S.E.2d 241, 244 (1965). A law enforcement officer's opinion testimony that the operator of a vehicle is impaired is competent evidence to establish the element of impairment. See, State v. Rich, 351 N.C. 386, 398-99, 527 S.E.2d 299, 305-06 (2000). One's refusal to submit to a chemical analysis of breath is also evidence of impairment. State v. Scott, 356 N.C. 591, 597-98, 573 S.E.2d 866, 869-70 (2002).
In the case at bar, defendant was seen operating a vehicle which had a flat tire . She failed to observe obvious damage to the vehicle, including a broken driver's side window. She had the odor of alcohol on her person. She admitted that she drank alcoholic beverages that day. She failed to complete successfully the sobriety tests. She refused to submit to a chemical analysis of breath. Finally, in Officer Hedrick's opinion, defendant was impaired. Based upon the foregoing evidence, a jury could reasonably find defendant guilty of driving a motor vehicle on a highway or public vehicular area while under the influence of an impairing substance. This assignment of error is overruled.
No error.
Judges TIMMONS-GOODSON and CALABRIA concur.
Report per Rule 30(e).
|