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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North Carolina v. Freund - 6/13/1990
On 4 June 1988, defendant was charged with driving while impaired (DWI) in violation of N.C.G.S. § 20-139.1. Prior to trial in district court, defendant moved to suppress the results of the chemical analysis performed at the time...
Booher v. Frue - 6/5/1990
The sole question here is whether the court erred in granting defendant Payne's motion for summary judgment. Under G.S. 1A-1, Rule 56(c), defendant is entitled to summary judgment if the record shows "that there is no genuine...
Sykes v. Hiatt - 6/5/1990
On appeal, petitioner first argues that no valid bond forfeiture occurred in South Carolina and that the trial court erred in holding that the DMV had validly suspended his driving privileges based on this bond forfeiture. ...
North Carolina v. Garvick - 6/5/1990
Defendant brings forward five assignments of error. In his first assignment of error, defendant contends that the trial court erred by denying his motion to suppress the results of the breathalyzer test. Defendant's second...
Cowan v. N.C. Private Protective Services Board - 5/15/1990
Respondent North Carolina Private Protective Services Board ("Board") appeals the superior court's order and judgment reversing its decision denying petitioner a license as a private investigator.
Petitioner Cowan ("Cowan")...
North Carolina v. Agee - 5/10/1990
This appeal presents the question whether defendant's acquittal on a charge of misdemeanor possession of marijuana precludes the State from introducing, in a subsequent prosecution for felonious possession of lysergic acid...
North Carolina v. Porter - 5/10/1990
In the early hours of Sunday, 23 March 1986, defendant shot and killed his girlfriend, Jeanie Brooks, inside the Oak Ridge Club, a Lumberton nightclub. A jury convicted defendant of first-degree murder and recommended the death...
North Carolina v. Leroux - 4/5/1990
Defendant assigns error to five aspects of the guilt-innocence phase of his trial and to one aspect of the sentencing proceeding. We have performed a careful and thorough review of the record, the briefs, and oral arguments of...
North Carolina v. Vance - 4/3/1990
Defendant assigns as error the denial of his motions to dismiss at the close of the evidence. He argues that "the evidence was insufficient, as a matter of law, to support all of the elements necessary to a conviction" for second...
North Carolina v. Bumgarner - 3/20/1990
Defendant contends that the charge against him must be dismissed based upon a flagrant violation of his rights to assistance in obtaining additional chemical analysis pursuant to the provisions of N.C. Gen. Stat. § 20-139.1(d) and...
McDaniel v. Division of Motor Vehicles - 12/5/1989
The sole issue presented on this appeal is whether the trial court erred in finding that petitioner wilfully refused to submit to the breathalyzer analysis. Petitioner contends that he was deprived of his statutory rights under G.S. ...
North Carolina v. Harrell - 12/5/1989
The defendant appeals his conviction of driving while impaired under N.C.G.S. § 20-138.1, willfully displaying expired license or registration plate on a vehicle under N.C.G.S. § 20-111(2), and having no financial responsibility in...
North Carolina v. Jones - 12/5/1989
Defendant appeals his criminal conviction by jury of trafficking in cocaine by possession, trafficking in cocaine by transportation, and possession of drug paraphernalia with intent to use. Defendant also pled guilty to resisting a law...
North Carolina v. Seagle - 11/21/1989
On 25 October 1987, at approximately 1:00 a.m., Officer Joe Smith of the Greensboro Police was called to the scene of a traffic accident on Summit Avenue in Greensboro. Smith found an automobile in a ditch on the side of the road with...
North Carolina v. Brunson - 11/21/1989
The order the State is appealing dismissed its warrant charging defendant with impaired driving on the ground that it would twice put him in jeopardy for the same offense in violation of the guarantees contained in Article I, Sec....
North Carolina v. Golden - 11/7/1989
On 12 December 1987, at approximately 7:00 p.m., defendant William Herman Golden was driving his automobile on I-40 in Buncombe County. Ray Anders, who is a Biltmore Estates policeman or security guard and also is a Buncombe County...
North Carolina v. Richardson - 11/7/1989
Defendant was charged with and convicted of driving while impaired, felony death by vehicle, and driving while his license was revoked; he was sentenced to a total of six years in prison. On appeal, the defendant contends that there...
North Carolina v. Everhardt - 10/17/1989
This is an appeal by defendant from his conviction of assault with a deadly weapon inflicting serious injury under N.C.G.S. § 14-32(b). The trial court imposed a ten-year sentence.
The State's evidence tended to show that the...
Young v. Warren - 9/19/1989
In this civil action the plaintiff appeals from a final judgment entered by the trial court, pursuant to a jury verdict, denying any recovery on a wrongful death action.
The evidence introduced at trial showed that defendant...
Howard v. Parker - 9/5/1989
Plaintiff contends the trial court erred in granting summary judgment for the defendants. We disagree and affirm the court below.
I
Initially, we recognize this is an interlocutory appeal under both G.S. 1-277 and G.S....
Tolbert v. Hiatt - 9/5/1989
This appeal arises from the Superior Court's affirmance of a Department of Motor Vehicles' order revoking petitioner's driving privileges for an alleged refusal to submit to a breathalyzer test. The evidence at the non-jury trial...
North Carolina v. Cooke - 6/20/1989
In appealing his conviction of driving while impaired in violation of G.S. 20-138.1 defendant contends that the court erred in not charging the jury on the defense of coercion and duress and as to the credibility of the breathalyzer...
North Carolina v. Bailey - 5/16/1989
The State's evidence tended to show that on 20 May 1987 Officer Childress and several other troopers were at the Charlotte Motor Speedway directing traffic. At about 8:50 p.m., defendant approached Officer Childress who was standing...
North Carolina v. Webster - 5/4/1989
In this non-capital first degree murder case, defendant was originally charged and arrested on 26 July 1987 for the voluntary manslaughter of Cornelius Lee Jeffries (also known as Bert Jeffries). On that same day an attorney was...
North Carolina v. Agee - 4/18/1989
Defendant appeals his conviction of felonious possession of LSD under Section 90-95(a)(3). In March 1987, a police officer stopped defendant who was operating an automobile carrying several other passengers. After searching...
North Carolina v. Norman - 4/5/1989
The defendant was tried at the 16 February 1987 Criminal Session of Superior Court for Rutherford County upon a proper indictment charging her with the first degree murder of her husband.
The jury found the defendant guilty...
In re Inquiry Concerning A No. 104 Stafford Governor Bullock - 4/5/1989
ORDER REJECTING CONSURE
After reviewing the evidence adduced at the hearing before the Commission, this Court concludes that respondent's conduct in question in these proceedings may be described as follows:
During the...
Gaddy v. Anson Wood Products - 12/30/1988
In this workers' compensation case, defendant appeals from an order of the Industrial Commission finding that plaintiff's injury was not proximately caused by his intoxication and awarding plaintiff 20 weeks of permanent partial...
North Carolina v. Rose - 11/3/1988
Defendant was indicted on two counts of murder for the shooting deaths of his cousin, Danny Ray Bateman, and Bateman's girlfriend, Jill Alexander. The cases were joined and tried as capital cases. The jury convicted defendant of...
North Carolina v. Cummings - 10/6/1988
Defendant assigns error to both the guilt phase and the sentencing phase of his capital trial. Having carefully reviewed the entire record and each of defendant's arguments, we find no error in either phase and decline to disturb...
North Carolina v. Weaver - 9/20/1988
Defendant's appeal is limited solely to the sentencing phase of his trial in which he was tried for unlawfully and willfully operating
a motor vehicle while subject to an impairing substance in violation of G.S. sec. ...
North Carolina v. McLaughlin - 9/7/1988
These three cases arise from a contract murder which spawned two further murders committed in an effort to eliminate witnesses and evade justice.
James Elwell Worley was killed on 26 March 1984. Little more than a month later,...
North Carolina v. Harris - 9/7/1988
Defendant brings forth twelve assignments of error with respect to his trial. For the reasons stated below, we hold that defendant received a fair trial free from prejudicial error.
The state's evidence tended to show the...
North Carolina v. McKoy - 9/7/1988
Defendant was convicted of the first degree murder of Deputy William Kress Horne of the Anson County Sheriff's Department. The jury found as aggravating circumstances that defendant previously had been convicted of a felony...
North Carolina v. Craig Raymond Knoll - 6/30/1988
Defendant in each of these consolidated cases was charged with driving while impaired (DWI) in violation of N.C.G.S. § 20-138.1. Each defendant thereafter made a pretrial motion in Wake County District Court to dismiss the charge...
North Carolina v. Ferguson - 6/21/1988
Defendant, Walter Ferguson, was convicted of driving while impaired in violation of N.C. Gen. Stat. Sec. 20-138.1 (1983) and was sentenced to thirty days in jail which was to be suspended upon completion of the Alcohol and Drug...
North Carolina v. Loftin - 6/2/1988
Defendant Melvin Leon Loftin was convicted of one count of first-degree murder arising out of the January 1987 shooting death of Curtis Bryant. The State having stipulated before trial to the absence of any statutory aggravating...
North Carolina v. Williams - 6/2/1988
The issue on appeal is whether the trial court erred in allowing the state to impeach one of defendant's witnesses, David Small, by use of extrinsic evidence of prior inconsistent statements. We conclude admission of the impeachment...
Ward v. Durham Life Insurance Co. - 5/31/1988
Plaintiff filed this action to recover benefits under her deceased husband's life insurance policy which was issued by defendant. Defendant denied coverage on the basis of misrepresentations in the application for insurance and...
North Carolina v. Adkerson - 5/31/1988
Defendants Adkerson and Eanes were charged in indictments proper in form with possession of a controlled substance. Both filed motions to suppress certain evidence; the motions were denied after a hearing. Subsequently, under a plea...
Harshbarger v. Murphy - 5/31/1988
This is a civil action to recover damages from a nightclub, for injuries and death sustained in an automobile accident due to the actions of an intoxicated driver, under a dram shop liability theory.
Plaintiff, in his...
North Carolina v. Norman - 4/5/1988
At trial the judge instructed on first degree murder, second degree murder, and voluntary manslaughter. The primary issue presented on this appeal is whether the trial court erred in failing to instruct on self-defense. We answer in...
North Carolina v. Green - 3/9/1988
For the reasons stated below, we find the defendant's assignments of error to be without merit and hold that he received a fair trial, free of prejudicial error.
Viewed in the light most favorable to the state, the evidence...
Watkins v. Hellings - 11/5/1987
This case comes before us on appeal on two issues: whether the trial judge committed reversible error (1) in his instruction to the jury on contributory negligence and (2) in imposing discovery sanctions on the plaintiff. For the...
North Carolina v. Benge - 10/6/1987
Indicted under G.S. 14-17 for second degree murder in the death of Howard James Anderson and tried for voluntary manslaughter, defendant, who did not testify, was convicted of
involuntary manslaughter. Anderson's death...
North Carolina v. Brown - 9/1/1987
The defendant was charged in indictments proper in form with manslaughter (N.C.G.S. § 14-18) and hit and run resulting in personal injury or death (N.C.G.S. § 20-166(a)). He was convicted of involuntary manslaughter and hit and...
North Carolina v. Gilbert - 5/5/1987
The trial court made findings that several of defendant's statutory rights were violated by the magistrate. Those findings must be affirmed on appeal if there is evidence to support them. See State v. Bright, 301 N.C. 243, 271...
Watkins v. Hellings - 12/2/1986
Plaintiff first contends that the defendant's answer was insufficient to allege contributory negligence under North Carolina law, and that the court therefore erred in submitting the issue of contributory negligence to the jury. We...
Nationwide Mutual Insurance Co. v. Land - 11/18/1986
Plaintiff Nationwide Mutual Insurance Company (Nationwide) seeks a declaratory judgment to determine whether a blanket automobile insurance policy issued by Nationwide to North Carolina National Bank (NCNB) provides coverage for...
North Carolina v. Crawford - 10/21/1986
Defendant, Walter Graham Crawford, was found guilty by a jury of the misdemeanor offense of driving while impaired. From a judgment entered on the verdict, defendant appeals. We find no error and affirm.
During the...
North Carolina v. Henry - 10/7/1986
There is no provision for appeal to the Court of Appeals as a matter of right from an interlocutory order entered in a criminal case, State v. Thompson, 56 N.C. App. 439, 289 S.E.2d 132 (1982); State v. Black, 7 N.C. App. 324, ...
Wagner v. Barbee - 9/2/1986
By assignment of error No. 1, defendant contends that the trial court erred in admitting the opinion testimony of Brian Rowe, the police officer who investigated the accident, in regard to where the point of impact of the vehicles...
North Carolina v. Devane - 6/17/1986
In appealing his conviction of driving while impaired in violation of G.S. 20-138.1, defendant makes but two contentions, neither of which has merit. His first contention is that during his cross-examination of the operator of the...
In re Suspension of License to Operate A Motor Vehicle of Stephen Wayne Vallender NCDL 3181140 - 6/3/1986
The sole question presented by this appeal is whether the court erred in finding that petitioner willfully refused to submit by concluding that the thirty minute period began to run at 1:39 a.m., when he was advised of his rights,...
North Carolina v. Miller - 5/6/1986
In one Assignment of Error defendant contends the court erred by admitting into evidence the results of defendant's blood test on the grounds that this information was irrelevant and constitutes inadmissible hearsay. In another...
North Carolina v. Denning - 5/6/1986
On 3 April 1984 defendant was convicted in District Court, Bladen County, of driving while impaired in violation of N.C.G.S. § 20-138.1 of the Safe Roads Act of 1983. He appealed to the superior court for a trial de novo and was...
North Carolina v. Ragland - 5/6/1986
By his first Assignment of Error, defendant contends the court erred in allowing the State to impeach defendant's credibility by the use of prior convictions more than 10 years old where (a) the State failed to give written notice...
North Carolina v. Trexler - 5/6/1986
The sole question presented by this appeal is whether the majority of the panel in the Court of Appeals correctly determined that the trial court erred in denying defendant's motion to dismiss on the basis that the State had failed...
North Carolina v. Midgett - 12/17/1985
I
The defendant first assigns error to the trial court's denial of his motion to dismiss. Defendant argues that the plea agreement entered into between the defendant and the United States Attorney entitles him to immunity from...
North Carolina v. Harrington - 12/3/1985
Defendant brings forward three assignments of error, one relating to questions asked at trial regarding prior convictions and two relating to punishment, challenging (1) the trial court's finding in aggravation that defendant was...
North Carolina v. Lockwood - 12/3/1985
Defendant contends that the trial court erred in denying his motion to suppress the results of the test taken with the Breathalyzer Model 2000. He argues that the chemical analyst who administered the test did not follow the...
North Carolina v. McGill - 11/5/1985
The single issue before this Court is whether, in a prosecution for manslaughter, the state must prove not only that the defendant was driving under the influence and that this proximately caused the victim's death, but that the...
Brower v. Chappell - 4/16/1985
The sole issue for determination is whether the trial court erred in granting defendant's motion for summary judgment. We find that defendant was entitled to judgment as a matter of law based on the contributory negligence of the...
North Carolina v. Dellinger - 4/2/1985
I
This appeal presents an issue of first impression: whether a horse is a vehicle for the purpose of charging a violation of G.S. 20-138.1? We hold that it is.
G.S. 20-138.1 provides in pertinent part:
A person...
North Carolina v. Carrington - 4/2/1985
The jury convicted Walter Leon Carrington of driving while his driver's license was permanently revoked and failing to give required information after an accident or collision involving property damage. The defendant's assignments...
North Carolina v. Bain - 3/5/1985
Defendant assigns as error the trial court's failure to charge the jury on the lesser included offense of careless and reckless driving after consuming alcohol. We agree that there was error. G.S. 20-140(c) provides:
(c) Any...
North Carolina v. Curtis - 3/5/1985
The defendant was convicted of (1) operating a motor vehicle on a public highway while his operator's license was permanently revoked and (2) exceeding the posted speed limit. He does not challenge his conviction of the latter. As...
North Carolina v. Clark - 3/5/1985
Defendant contends the court erred in denying his motion to dismiss for violation of the Speedy Trial Act, G.S. 15A-701 et seq. The pertinent facts are as follows:
Defendant's first trial on this charge resulted in the...
North Carolina v. McGill - 3/5/1985
Defendant first assigns error to the denial of various motions challenging the sufficiency of the evidence. He directs his attack to the issue of causation. We note first that the state produced ample evidence to support the jury's...
In re Clark - 12/28/1984
I
Appellant's principal assignment of error is that the trial court erred in concluding as a matter of law that he neglected his minor child within the meaning of G.S. 7A-289.32(2) and G.S. 7A-278(4), and G.S. 7A-289.32(4)....
North Carolina v. Coker - 12/4/1984
Defendant's sole assignment of error is that Judge Brewer erred by reversing the district court's dismissal of the charge against him. He argues that the citation upon which he was charged failed to satisfy statutory and...
North Carolina v. Lackey - 12/4/1984
Defendant contends that the trial court erred in failing to grant his request to charge the jury on the misdemeanor offense of death by vehicle. We agree and a new trial is necessary. Death by vehicle under G.S. 20-141.4(a), which...
North Carolina v. Tucker - 12/4/1984
This unprecedented civil action poses many novel and interesting questions concerning the operation of the Declaratory Judgment Act, G.S. § 1-253 et seq. and the process of constitutional adjudication. The narrow legal issues...
North Carolina v. Howren - 12/4/1984
I.
By driving a vehicle on a highway or public vehicular area a person consents to administration of a chemical analysis if he is charged with driving while impaired. N.C.G.S. § 20-16.2(a). A person required to submit to...
North Carolina v. Shuping - 12/4/1984
Defendant raises a question of first impression in this State relating to the offense of driving while impaired (DWI) pursuant to G.S. 20-138.1 (1983). Essentially, defendant contends that there was insufficient evidence to submit...
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