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State v. Streckfuss6/21/2005
Deputy Joel B. Goodwin (Deputy Goodwin) of the Wake County Sheriff's Office was on patrol on 15 March 2002 traveling southbound on Capital Boulevard, at approximately 1:00 a.m., when he saw Christian Lee Streckfuss (defendant) turn onto northbound Capital Boulevard. Deputy Goodwin made a u-turn and followed defendant's vehicle, which was traveling approximately seventy-five m.p.h. in a fifty-five m.p.h. zone. He also observed that defendant was unable to maintain a steady, straight line in his lane of traffic. Deputy Goodwin pulled defendant over to the side of the road.
When Deputy Goodwin approached defendant's vehicle, defendant rolled down his window and Deputy Goodwin smelled a "strong odor ofalcoholic beverage emanating from the vehicle." Defendant produced a South Dakota driver's license and a North Carolina registration for the rental vehicle defendant was driving. Defendant admitted to having had "a couple of drinks." Deputy Goodwin observed that defendant's "eyes were kind of red and glassy and his speech was slightly slurred." Deputy Goodwin administered field sobriety tests to defendant. After defendant failed three attempts to stand on one foot, Deputy Goodwin formed the opinion that defendant's mental and physical capacities were impaired. Deputy Goodwin arrested defendant.
Chemical Analyst Jackie Oliver (Oliver) read defendant his rights prior to administering the Intoxilyzer test and gave defendant an opportunity to call an attorney, which defendant declined. Defendant refused to take the Intoxilyzer test. Oliver noted that defendant's eyes were "red kind of glassy" and that defendant smelled like alcohol.
Deputy Goodwin seized defendant's South Dakota driver's license pursuant to N.C. Gen. Stat. § 20-16.5(b). Defendant's license was held by the State of North Carolina for thirty days and was not released until defendant paid the required $50.00 fee.
At a pre-trial hearing, defendant pled guilty to speeding, but moved to dismiss the driving while impaired (DWI) charge on double jeopardy grounds. In an order entered 30 October 2003, the trial court dismissed defendant's motion as being untimely filed. However, the trial court also ruled on the merits of the motion, concluding that the confiscation of defendant's South Dakotalicense did not "place Defendant in prior jeopardy for the offense."
At trial, defendant was convicted of driving while impaired. He received a sixty-day suspended sentence and was ordered to pay a fine of $713.00. Defendant appeals.
I.
Defendant first argues that the trial court erred in denying his motion to dismiss the DWI charge against him. Defendant argues that criminal prosecution and punishment of defendant for driving while impaired were barred because the State's confiscation and retention of his South Dakota driver's license and imposition of a $50.00 fee constituted punishment for double jeopardy purposes.
Defendant's license was seized pursuant to N.C. Gen. Stat. § 20-16.5 (b) when he refused to submit to the chemical analysis of an intoxilyzer test. Defendant concedes that our Courts have previously held that N.C.G.S. § 20-16.5 is remedial in nature, and that it does not constitute punishment for double jeopardy purposes. See State v. Evans, 145 N.C. App. 324, 334, 550 S.E.2d 853, 860 (2001); see also State v. Oliver, 343 N.C. 202, 209-10, 470 S.E.2d 16, 21 (1996). However, defendant argues that these prior decisions are inapplicable to him because his license was an out-of-state license. Defendant asserts that our Courts' decisions that the statute's provisions do not constitute punishment for double jeopardy purposes are premised on the recognition th
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