North Carolina Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of North Carolina or Court of Appeals of North Carolina where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Phillips - 9/2/1997
SMITH, Judge.
Defendant was charged with driving while impaired (DWI) in violation of N.C. Gen. Stat. § 20-138.1 (1993) and speeding 56 in a 35 mile per hour zone in violation of N.C. Gen. Stat. § 20-141 (1993). The record on...
State v. Tyler - 6/6/1997
FRYE, Justice.
In a capital trial, defendant, Stacey Anthony Tyler, was convicted by a jury of the first-degree murder of Mary Jennings Fleetwood. In a capital sentencing proceeding conducted pursuant to N.C.G.S. § 15A-2000, the...
State v. Leopard - 4/15/1997
MARTIN, John C., Judge.
Defendant appeals from a judgment entered upon his conviction of assault with a deadly weapon inflicting serious injury. The State's evidence tended to show that on 13 December 1995 defendant and Dean...
State v. Gaines - 4/11/1997
PARKER, Justice.
Defendants were tried jointly and capitally for the first-degree murder of Charlotte Police Officer Eugene Anthony Griffin. The jury found both defendants guilty of first-degree murder and recommended a life...
State v. Dickerson - 3/4/1997
Defendant was charged with driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 (1993) and driving while license revoked in violation of N.C. Gen. Stat. § 20-28 (Cum. Supp. 1996). The district court found defendant guilty,...
State v. Clifton - 3/4/1997
On 12 May 1994 defendant argued with her husband, James Clifton, in their kitchen about the purchase of a new pistol and truck. Both defendant and her husband had consumed alcohol. Defendant's husband had a blood alcohol level of 0.15....
State v. Crawford - 2/4/1997
Defendant Brad Lee Crawford was arrested on 24 November 1994 and charged with driving while impaired, resisting, obstructing, and delaying a law enforcement officer, and simple possession of marijuana. After a trial, defendant was...
State v. Pyatt - 1/7/1997
LEWIS, Judge.
Defendant was arrested and charged with driving while subject to an impairing substance in violation of N.C. Gen. Stat. section 20-138.1. The matter came on for trial in Rutherford County District Court on 2...
In re Inquiry Concerning A No. 198 George T. Fuller - 12/5/1996
ORDER REJECTING CENSURE.
The evidence stipulated to and presented during these proceedings shows the facts to be as follows:
On 9 June 1995, respondent presided over a trial in which the defendant was charged with failure...
Eibergen v. Killens - 11/19/1996
WALKER, Judge.
On 25 May 1994, at 10:30 p.m., petitioner was stopped in Orange County and charged with driving while impaired. Petitioner thereafter submitted to a chemical analysis of his breath which established that he had a...
Cauble v. Soft-Play Inc. - 11/19/1996
WYNN, Judge.
The parties stipulate to the following summary of the relevant facts in this matter:
Defendant Soft-Play, Inc., a North Carolina corporation, employed Jamey B. Staton and assigned him as part of an equipment...
State v. Braxton - 11/8/1996
LAKE, Justice.
The defendant was indicted on 8 March 1993 for two counts of first-degree murder, three counts of robbery with a dangerous weapon and one count of first-degree kidnapping. The defendant was tried capitally, and the...
State v. Rogers - 11/5/1996
JOHNSON, Judge.
On 25 August 1994, defendant was arrested and charged with driving while impaired (DWI) in violation of section 20-138.1 of the North Carolina General Statutes. On 9 November 1994, defendant pled guilty to DWI in...
State v. Robinette - 10/15/1996
WALKER, Judge.
Speedy Car Wash is a business establishment in Elkin, North Carolina, open year round, twenty four hours a day. At the request of the owner of the car wash, the Town of Elkin (Town) passed an ordinance making it a...
Williams v. City of Durham - 8/20/1996
JOHN, Judge.
Defendant and third-party plaintiff City of Durham (the City) appeals a consent judgment designating as a "final judgment" the trial court's previous entry of summary judgment in favor of third-party defendant...
State v. Hudson - 8/6/1996
JOHN, Judge.
Defendant appeals convictions of three counts of involuntary manslaughter based upon violation of N.C. Gen. Stat. § 75A-10, "Operating boat . . . while intoxicated . . . ." (DWI boating). He contends the trial court...
State v. Penland - 7/31/1996
WHICHARD, Justice.
Defendant was tried capitally for the first-degree murder, first-degree rape, first-degree sexual offense, and first-degree kidnapping of Vernice Alford. He was also charged with conspiracy to commit rape and...
State v. Boyd - 7/31/1996
MITCHELL, Chief Justice.
On 16 May 1988, defendant was indicted for the 4 March 1988 murders of his estranged wife, Julie Boyd, and her father, Dillard Curry. He was tried capitally. The jury found him guilty and recommended a...
State v. Peterson - 7/31/1996
The defendant was tried for the first-degree murder of Charles Oakley. The evidence showed that on 19 September 1992, customers of Allen's Sports Supply found Mr. Oakley, its owner and manager, incoherent and bleeding from the head....
State v. Barnes - 7/2/1996
WALKER, Judge.
On 5 September 1993 defendant was charged with driving while impaired. Following a plea of not guilty, defendant filed a motion to suppress on the basis that the stopping and detaining of defendant's vehicle...
Brower v. Killens - 6/18/1996
MARTIN, Mark D., Judge.
Respondent Alexander Killens , Commissioner of the North Carolina Division of Motor Vehicles (DMV), appeals from order of the trial court finding DMV was collaterally estopped from litigating the existence...
State v. Abdereazeq - 6/18/1996
MARTIN, Mark D., Judge.
The State of North Carolina appeals from the trial court's orders granting defendants' motions to suppress the results of their intoxilyzer tests, or their refusal to submit to chemical analysis.
In...
State v. White - 6/13/1996
ORR, Justice.
Defendant was indicted for the murder and first-degree kidnapping of Kimberly Ewing as well as for larceny of an automobile, robbery with a dangerous weapon, and second-degree burglary. Defendant was originally...
State v. Cole - 6/13/1996
FRYE, Justice.
Defendant, Wade Larry Cole, was indicted on 27 June 1988 for two counts of murder. He was tried capitally in July 1989, found guilty of one count of first-degree murder and another count of involuntary...
State v. Oliver - 5/10/1996
LAKE, Justice.
Defendant appeals his conviction and sentence for driving while impaired ("DWI") in violation of N.C.G.S. § 20-138.1. Defendant contends his conviction must be reversed because: (1) the administrative license...
Thompson v. Three Guys Furniture Co. - 5/7/1996
Plaintiff administratrix brought this action seeking damages for the wrongful death of her son, alleging that his death had been caused by negligence on the part of defendant Ray and that Ray's negligence was imputed to defendant Three...
State v. Snyder - 4/4/1996
ORR, Justice.
Defendant is appealing from his sixth conviction in the last ten years for impaired driving offenses. On 19 November 1993, defendant pled guilty to the offense of habitual impaired driving and was convicted by a...
State v. Floyd - 4/4/1996
The defendant was tried on three counts of armed robbery and one count of assault with a deadly weapon with intent to kill inflicting serious injury. He was convicted of all charges and received sentences totaling sixty-five years in...
State v. Kandies - 2/9/1996
WHICHARD, Justice.
Defendant was tried capitally for the first-degree murder and first-degree rape of Natalie Lynn Osborne, the four-year-old daughter of defendant's fiancee. The jury found defendant guilty on both charges and...
State v. Shoff - 2/9/1996
PER CURIAM.
The Court of Appeals correctly held that the order at issue was interlocutory and nonappealable. State v. Henry, 318 N.C. 408, 348 S.E.2d 593 (1986). The decision of the Court of Appeals is therefore
AFFIRMED. ...
State v. Watkins - 11/21/1995
GREENE, Judge.
The State appeals from the trial court's 9 November 1994 order which granted William Davis Watkins' (defendant) motion to suppress evidence in his trial for driving while impaired.
Defendant was arrested and...
State v. Cothran - 11/7/1995
GREENE, Judge.
Thomas Watson Cothran (defendant) appeals from a judgment of the superior court, entered after a jury verdict, finding him guilty of "Impaired Driving in a commercial motor vehicle," in violation of N.C. Gen. Stat....
State v. Walls - 11/3/1995
LAKE, Justice.
Defendant was indicted on 20 July 1992 for the offenses of assault with a deadly weapon with intent to kill inflicting serious injury and the first-degree murder of three-year-old James Christopher Bainbridge....
State v. Goodson - 9/8/1995
The defendant was tried for the first-degree murder of his wife in a case in which the State did not seek the death penalty. The evidence showed that the defendant and the deceased were married in 1974 and that their marriage was a...
State v. Knight - 7/28/1995
PARKER, Justice.
Defendant was tried capitally on an indictment charging him with the first-degree murder of Carlos Colon Stoner ("victim"). The jury returned a verdict finding defendant guilty as charged. During a capital...
State v. Daughtry - 7/28/1995
WHICHARD, Justice.
Defendant was convicted of the first-degree murder of Jennifer Narron, his former girlfriend, and sentenced to death. He appeals from his conviction and sentence. We conclude that defendant received a fair...
United States Fidelity and Guaranty Co. v. Country Club of Johnston County - 7/5/1995
GREENE, Judge.
The Country Club of Johnston County, Incorporated (defendant) appeals from an order entered 17 May 1994, sustaining United States Fidelity and Guaranty Company's (plaintiff) objection to the affidavit of...
State v. Shoff - 5/16/1995
MARTIN, MARK D., Judge.
Defendant was charged with driving while impaired. On 17 November 1993 he was found guilty in District Court of Buncombe County, and he appealed to superior court. Defendant's case was called for trial on...
State v. Rush - 5/5/1995
WHICHARD, Justice.
Defendant was indicted for one count of first-degree murder, was tried noncapitally and found guilty, and was sentenced to life imprisonment. We find no prejudicial error.
At defendant's trial, the...
State v. Snyder - 4/18/1995
LEWIS, Judge.
Defendant was convicted 19 November 1993 of driving while impaired (DWI), habitual impaired driving, and being an habitual felon.
The evidence presented at trial shows that on 11 May 1993 Officer Long of the...
State v. Johnson - 4/7/1995
ORR, Justice.
On 16 September 1991, defendant was indicted for conspiracy to commit first-degree murder, conspiracy to commit first-degree arson, and two counts of first-degree murder by being an accessory before the fact. On 9...
State v. Myers - 4/4/1995
GREENE, Judge.
Gurney Gray Myers, Jr. (defendant) appeals from a judgment entered pursuant to a jury verdict, finding him guilty of Driving While Impaired.
On 10 October 1993, North Carolina Highway Patrolman Glenn Hester...
State v. McBride - 3/21/1995
MARTIN, MARK D., Judge.
The question presented by this appeal is whether the trial court erred by finding as a factor in aggravation of punishment under the Fair Sentencing Act that defendant knowingly created a great risk of...
State v. Jernigan - 3/21/1995
LEWIS, Judge.
Defendant was convicted of habitual impaired driving, no operator's license, and resisting arrest and was sentenced to consecutive terms of three years, six months, and six months, respectively. From the judgments...
Green v. Rouse - 10/18/1994
JOHNSON, Judge.
Plaintiff Annette Green brought a personal injury action against defendant John Rouse, alleging that defendant's negligence proximately caused injuries sustained by plaintiff in an automobile accident occurring on...
Nicholson v. Killens - 10/4/1994
EAGLES, Judge.
In its sole assignment of error, respondent argues that the trial court erred in this civil proceeding in ordering a rescission of the DMV order of revocation of petitioner's license because respondent contends...
Anderson v. Austin - 6/7/1994
LEWIS, Judge.
Plaintiff commenced this action to recover for injuries sustained as a result of an automobile accident. Plaintiff alleged that he was a passenger in the car driven by defendant Curtis Dale Austin (hereinafter...
Melton v. Hodges - 5/17/1994
COZORT, Judge.
Petitioner appeals from a judgment affirming the revocation of his driving privileges for one year based on his willful refusal to submit to an intoxilyzer test. Petitioner's sole argument on appeal is that the...
North Carolina v. Robinson - 5/6/1994
MEYER, Justice.
On 17 March 1986, defendant, Dwight Lamont Robinson, was indicted by a Guilford County grand jury for the first-degree murder of Robert Page and for robbery with a dangerous weapon. On 6 April 1987, defendant...
Butz v. Holder - 12/21/1993
JOHNSON, Judge.
Our reasoning in Butz v. Holder, 112 N.C. App. 116, 434 S.E.2d 862 (1993) was based substantially on Gardner v. Gardner, 106 N.C. App. 635, 418 S.E.2d 260 (1992), rev'd, 334 N.C. 662, 435 S.E.2d 324 ...
Sorrells v. M.Y.B. Hospitality Ventures of Asheville - 10/8/1993
MITCHELL, Justice.
The issue before us in this case is whether it was reasonably foreseeable that the plaintiffs would suffer severe emotional distress upon learning that their son had been killed in a one-car accident after...
North Carolina v. Watkins - 9/7/1993
The State appeals the trial court's order suppressing all the evidence obtained by an officer pursuant to his stop of defendant's
vehicle. As a result of the stop, defendant was charged with driving while impaired. ...
North Carolina v. Rannels - 6/4/1993
EXUM, Chief Justice.
Defendant was properly indicted for murder in the first degree, armed robbery, and conspiracy to commit armed robbery. The jury found defendant guilty as charged. His conviction of murder in the first...
North Carolina v. Garcia-Lorenzo - 6/1/1993
ORR, Judge.
This action arises out of an automobile accident involving defendant Alberto Garcia-Lorenzo and a pedestrian Coy Maddry, who is now deceased.
On 1 January 1991, during the early hours of the morning, Officer...
North Carolina v. Kennedy - 5/18/1993
GREENE, Judge.
Defendant Heather Miller Kennedy appeals from a judgment entered 12 December 1991, based on a jury verdict convicting her of driving while impaired and from the trial court's denial of defendant's motion to...
North Carolina v. Battle - 3/16/1993
GREENE, Judge.
The State appeals, prior to trial and pursuant to N.C.G.S. § 15A-979(c), from the trial court's order granting defendant Thomas Battle, Jr.'s motion to suppress evidence obtained by the State as a result of an...
Ginger York Whitaker v. Clark - 3/16/1993
COZORT, Judge.
Plaintiff filed a wrongful death action against defendants to recover damages for the death of her son. Defendants are employees of the Davie County Department of Social Services (DSS). In their answer defendants...
Sidney v. Raleigh Paving & Patching - 3/2/1993
LEWIS, Judge.
The plaintiff in this action, Hope Sidney, is the mother and guardian ad litem for DuWayne Sidney, the minor child of the decedent, Jerry L. Horton. The decedent, who worked as a driver and laborer for Raleigh...
North Carolina v. Moore - 9/15/1992
COZORT, Judge.
On 9 July 1990, defendant Michael Grady Moore was indicted for involuntary manslaughter for the death of a pedestrian in a motor vehicle accident. On 30 November 1990, a jury found defendant guilty of...
Hart v. Ivey - 9/4/1992
WEBB, Justice.
At the outset, we note that although the plaintiffs have alleged that the guests at the party were charged $2.00 per person to drink beer, none of the parties to this case contend that the hosts at the party...
Berrier v. Thrift - 9/1/1992
PARKER, Judge.
This wrongful death action arising out of a single car collision was brought pursuant to N.C.G.S. § 28A-18-2 by the administrator of decedent Christy Paige Berrier's estate. The jury found that defendant was...
North Carolina v. Handy - 6/25/1992
MEYER, Justice.
During the evening of 3 November 1986 or the early morning of 4 November 1986, defendant stabbed Eugene Michael Morgan sixteen times, killing him. Defendant was subsequently indicted for murder and robbery with...
North Carolina v. Mauney - 4/7/1992
WYNN, Judge.
The State's evidence tended to show that defendant was charged with willfully neglecting or refusing to provide adequate support or maintenance for his illegitimate child pursuant to N.C. Gen. Stat. § 49-2 ...
North Carolina v. Ham - 3/17/1992
WALKER, Judge.
In order to sustain a dismissal of a charge under G.S. 20-138.1(a)(2) North Carolina law requires a defendant to show a substantial statutory violation and prejudice arising therefrom. State v. Eliason, 100 N.C....
North Carolina v. Ferguson - 3/17/1992
COZORT, Judge.
On 13 November 1990 defendant was convicted in Haywood District Court of driving while impaired. On appeal to superior court, the jury found defendant guilty as charged. Defendant received a one-year suspended...
Daniels v. Hertz Corp. - 12/17/1991
The dispositive issue on appeal is whether the trial court erred in granting plaintiff's judgment on the pleadings under Rule 12(c) of the N.C. Rules of Civil Procedure. For the following reasons, we hold that the trial court erred...
North Carolina v. Beasley - 11/19/1991
Defendant was charged in a citation with driving while impaired in violation of N.C. Gen. Stat. § 20-138.1 and driving sixty-eight miles per hour in a fifty-five miles per hour speed zone in violation of N.C. Gen. Stat. § 20-141....
North Carolina v. Robinson - 10/3/1991
On 17 March 1986, defendant was indicted for the first-degree murder of Robert Page and robbery with a dangerous weapon. On 6 April 1987, defendant was also indicted for two counts of assault with a deadly weapon with intent to kill...
North Carolina v. Wooten - 9/17/1991
I
Defendant first contends that the trial court erred in allowing the prosecution to inquire about the seven plastic bags containing cocaine residue and the $1,109.25 found in the defendant's possession when he was arrested....
North Carolina v. Green - 5/21/1991
Indicted for possession with intent to sell or deliver heroin, possession with intent to sell or deliver cocaine, driving while impaired, and driving without an operator's license, defendant moved to suppress evidence obtained as a...
North Carolina v. Woody - 4/16/1991
Defendant assigns as error the trial court's denial of his motion to suppress the evidence seized from stopping his vehicle, which he contends was unlawful; the admission into evidence of the order revoking his driver's license; and...
North Carolina v. Rose - 12/5/1990
Defendant was indicted on 2 March 1987 for two counts of murder for the deaths of his cousin, Danny Ray Bateman, and Bateman's girlfriend, Jill Alexander, on 31 January 1987. The cases were joined and tried as capital cases. The...
North Carolina v. Davy - 11/6/1990
Defendant argues that the trial court's refusal to grant his motion to dismiss at the end of the presentation of all the evidence constituted reversible error. In order to overcome a motion to dismiss, the State must introduce more...
North Carolina v. Eliason - 9/18/1990
Defendant's sole argument on appeal is that the trial court erred in denying his pretrial motion to dismiss. In denying defendant's motion, the trial court made extensive findings of fact as
to defendant's arrest,...
North Carolina v. Tew - 6/13/1990
The issue presented in this case requires us to interpret certain provisions of N.C.G.S. § 20-139.1, the part of our Motor Vehicle Act governing the performing of chemical analysis of a driver's alcohol concentration and the...
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