 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Taylor8/17/2004
ion rate and blood alcohol concentration level at the time of the accident. Without proving the relevance of this average data as it relates to defendant's actual elimination rate, Glover lacked a foundation to offer this portion of his testimony. Defendant was denied his right to confront and cross-examine these hearsay declarations, which formed the basis for Glover's average data and were introduced to prove the truth of the matters asserted. In light of the other substantial evidence presented at trial and defendant's failure to object to the presentation of issues to the jury, this error was harmless.
Other testimony sufficiently supports the jury's conviction of defendant under N.C. Gen. Stat. § 20-138.1(a)(1) of driving "[w]hile under the influence of an impairing substance." See State v. Coker, 312 N.C. 432, 440, 323 S.E.2d 343, 349 (1984) (N.C. Gen. Stat. § 20-138.1 creates one offense that "may be proved by either or both theories."); see also State v. Mark, 154 N.C. App. 341, 346, 571 S.E.2d 867, 871 (2002), aff'd, 357 N.C. 242, 580 S.E.2d 693 (2003) ("The opinion of a law enforcement officer . . . has consistently been held sufficient evidence of impairment . . . ."). Trooper Davis testified that defendant smelled of alcohol, stared at him with a "blank face," fumbled through his papers, and needed assistance in getting to the patrol car. Trooper Davis also testified defendant was "swaying" during the "walkand-turn" test, as well as during the "sway test." Trooper Davis found ten empty packages of Guaifenesin tablets on defendant. Glover testified as an expert on the combined effect of these tablets and alcohol. This evidence is sufficient to support defendant's driving while impaired conviction under N.C. Gen. Stat. § 20-138.1(a)(1).
I concur in the result reached by the majority opinion and vote to sustain defendant's conviction.
Page 1 2 3 4 5 6 7 8 9 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|