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.
Page 1 2 3 4 5 6
North Carolina v. Smith - 12/4/1984
The defendant was charged under N.C.G.S. § 20-138.1 with the offense of impaired driving. Prior to trial the defendant filed and served a motion to suppress an affidavit prepared pursuant to N.C.G.S. § 20-139.1(e), contending...
North Carolina v. Rose - 12/4/1984
The sole issue in this case is whether N.C.G.S. § 20-138.1(a)(2), a section of the Safe Roads Act of 1983, contravenes constitutional due process because it is too vague and because it bears no reasonable relationship to any...
North Carolina v. Scott - 12/4/1984
One of the two main contentions asserted by defendant is that the evidence presented was not sufficient to warrant defendant's conviction of driving under the influence. Two of the three elements of the offense -- that at the time...
Anderson v. Century Data Systems Inc. - 12/4/1984
The following facts are undisputed: Plaintiff-employee is a field service technician employed by defendant to service "computer-type" cash registers sold by defendant-employer. Defendant provided plaintiff a car to use in making...
North Carolina v. Brewington - 11/20/1984
The sole issue on appeal concerns defendant's actions subsequent to his arrest at the scene of the accident. Defendant points to statements made to Trooper Collins and contends that he thereby "voluntarily acknowledged wrongdoing" at...
Mathis v. North Carolina Division of Motor Vehicles and Commissioner of Motor Vehicles - 11/20/1984
Plaintiff principally contends that the evidence does not show that he "willfully refused" to submit to a chemical test and is therefore insufficient to sustain the license suspension order entered against him. G.S. 20-16.2 (Cum....
Timothy Eugene Register v. Administrative Office of Courts - 10/16/1984
The facts in this case are not in substantial dispute. The only question raised by plaintiff on appeal is whether the Industrial Commission erred in finding that plaintiff's alleged damages were not proximately caused by the...
In re Superior Court Order - 8/21/1984
NCNB challenges the order on a number of grounds. We dispose first of the constitutional arguments it attempts to bring forward. It is well established that a corporation such as NCNB has only a limited right, not applicable here,...
North Carolina v. Toomer - 6/5/1984
Defendant first contends the trial court erred by permitting the district attorney to read into evidence a transcription of Detective Harris' taped interview with Roderick Smith. Defendant objects to this evidence on the ground that...
Huff v. Chrismon - 6/5/1984
Plaintiff has assigned error to the order dismissing his claim for punitive damages. He also assigns error to the denial of his motion to set the verdict aside and for new trial on the grounds that the verdict was against the...
North Carolina v. Rogers - 5/15/1984
Defendant presents 15 questions for review broadly concerning the issues of (1) whether the indictment should have been quashed and the charges dismissed on the grounds that the prosecution
against him was based on...
North Carolina v. Davis - 5/1/1984
Defendant, Phillip Barry Davis, was arrested and charged with driving under the influence of an alcoholic beverage, driving while his operator's license was revoked, assaulting a law enforcement officer, resisting arrest, and...
In re Inquiry Concerning A No. 76 - 12/6/1983
At the outset, we are faced with respondent's motion to include as a part of the record on appeal certain paperwritings previously furnished to the Judicial Standards Commission by respondent. A copy of this material, entitled...
North Carolina v. Bennett - 12/6/1983
Evidence for the State tended to show the following: On 13 August 1982 and 20 August 1982, the S & R Motor Company was broken into, and several items of personal property belonging to Melvin Swisher, Vice-President, were taken...
North Carolina v. Kelley - 11/15/1983
At the outset we note defendant's failure to comply with Rule 28, North Carolina Rules of Appellate Procedure, in the organization of his brief. Defendant's violation of Rule 28 has increased considerably the difficulty of our...
North Carolina v. Lockamy - 11/15/1983
Defendant was convicted under G.S. 20-138(b), which makes it a crime to operate a vehicle when the amount of alcohol in the blood is .10 percent or more by weight. Defendant now contends that nothing in the Record shows that his...
Hutchens v. Hankins - 6/21/1983
The sole question presented by the motion to dismiss is whether a common law dram shop liability exists in North Carolina for injuries or death sustained by innocent third parties in an automobile collision with the customer of a...
North Carolina v. Craig - 5/31/1983
Guilt Phase -- Craig
I.
In his first argument the defendant, Craig, contends that the trial court erred by denying his motion for a polygraph examination to be conducted by the State Bureau of Investigation at the...
Rudder v. Lawton - 5/17/1983
By this appeal, defendant seeks appellate review of the trial court's orders granting plaintiff's motion in limine and awarding a partial new trial on the issue of damages. Defendant has no immediate right to appeal from these...
In re Inquiry Concerning A No. 74 J. Wilton Hunt - 5/3/1983
The issues raised before the Supreme Court by the recommendation of the North Carolina Judicial Standards Commission [hereinafter "Commission"] concern whether certain conduct by the respondent, Judge J. Wilton Hunt, Sr., is willful...
North Carolina v. Massey - 5/3/1983
Defendant argues that the trial court abused its discretion in finding that the factors in aggravation outweigh the factors in
mitigation and imposing the maximum sentence of ten years for the Class H felony, the...
North Carolina v. Mitchell - 5/3/1983
Defendant presents 18 questions for review, which can be classified into four categories: causation, trial procedure, sentencing and evidentiary matters.
Causation
Defendant first contends that there was insufficient...
North Carolina v. Wells - 12/7/1982
The State's evidence tends to show that on 16 February 1981 North Carolina State Highway Patrolman W. F. Preast saw defendant driving a car on rural paved road 1511. When the officer tried to stop the car, defendant backed it...
North Carolina v. Hickerson - 11/2/1982
The defendant was charged in a four-count bill of indictment in the Superior Court with felonious possession of marijuana, carrying a concealed weapon, a misdemeanor, driving under the influence, a misdemeanor, and driving under the...
North Carolina v. Butcher - 6/15/1982
Defendant brings forward two assignments of error. Neither of them disclose prejudicial error.
Defendant argues that during the charge to the jury, the judge expressed an opinion in violation of G.S. 15A-1222 and G.S. ...
North Carolina v. Monroe - 6/1/1982
Defendant's only assignment of error on appeal is that the superior court should not have assumed jurisdiction. Defendant contends the traffic citation and misdemeanor statement of charges were insufficient to confer jurisdiction...
North Carolina v. Pilkington - 4/7/1981
By assignments of error four and five, defendant contends that the trial court erred in denying his motion for appropriate relief on grounds that he was denied a fair trial and deprived of his constitutional
right to due...
North Carolina v. Simmons - 4/7/1981
In his only assignment of error defendant argues that the court erred in allowing Boltinhouse to testify that defendant refused the breathalyzer test and in including a jury instruction concerning the failure of the defendant to...
North Carolina v. Donald - 3/17/1981
Defendant's first assignment of error is that the trial court failed "to instruct the jury as to the lesser included offense of reckless driving (G.S. 20-140(c))." The law in North Carolina is clear on this issue:
When a...
North Carolina v. Fenner - 3/3/1981
In his only assignment of error, defendant contends that his motion for dismissal should have been allowed. We hold that when the evidence in this case is considered in the light most favorable to the State, the State being entitled...
North Carolina State Bar v. Graves - 2/3/1981
By his first assignment of error, defendant contends that the Hearing Committee's Finding of Fact No. 5 was not supported by any competent evidence. We disagree. The record contains ample competent evidence that defendant advised...
Rice v. Peters - 9/16/1980
Petitioner contends the trial court erred in holding that he willfully refused to take the chemical breath test in violation of law.
We note there are no exceptions in the record on appeal. With no exceptions to the findings...
North Carolina v. Porter - 9/2/1980
Defendant's first assignment of error is to the court's refusing to allow the defendant to ask the prosecuting witness (1) whether she had been living with a man at the time of the alleged rape and (2) whether she had an abortion...
North Carolina v. Spencer - 5/6/1980
We hold that the court did not err in its findings that the defendant was properly advised of his rights and in allowing the answers to the officer's questions into evidence.
The defendant contends the court erred by allowing...
North Carolina v. Martin - 5/6/1980
Based upon approximately 65 exceptions noted in the record, defendant brings forward and argues 30 assignments of error. First, he contends that the trial court erred as a matter of law by refusing to grant him a continuance before...
North Carolina v. McLawhorn - 11/20/1979
Defendant first assigns as error the trial court's denial of his motion for dismissal under the Speedy Trial Act. G.S. 15A-701 to -704.
He was arrested 19 August 1978 and tried in district court on 5 September 1978, at...
Seders v. Powell - 11/6/1979
We are presented by plaintiff with three arguments on this appeal: (1) That the lower courts misconstrued G.S. 20-16.2(a)(4) to impose an absolute 30 minute time limit in which one charged with driving under the influence has an...
North Carolina v. Snead - 10/17/1978
Defendant assigns as error the denial of his motion for nonsuit at the close of the State's evidence and the denial of his motion to set aside the verdict as against the weight of the evidence. Defendant insists that although there...
Oldham v. Miller - 10/3/1978
The sole question presented on appeal is whether or not Patrolman Long was authorized by G.S. 20-16.2(c) to request the petitioner to submit to a breathalyzer test. The respondent contends that any law-enforcement officer with...
North Carolina v. Brown - 9/5/1978
The defendant's two assignments of error focus on the trial court's admission of testimony regarding the speed at which he was driving at the time of the accident, and the court's instruction thereon. The defendant recognizes the...
North Carolina v. Hill - 12/15/1976
Appellant was charged with violating G.S. 20-138(a) and convicted of violating G.S. 20-138(b). The statute itself provides:
"(a) It is unlawful . . . for any person who is under the influence of intoxicating liquor to drive or...
North Carolina v. Flannery - 12/15/1976
In his first, third, fifth and seventh assignments of error, defendant contends that the trial court erred in denying his motions for judgment as of nonsuit and directed verdict as to the speeding charge, on the grounds that there...
North Carolina v. Beaver - 11/4/1976
Defendant first challenges the sufficiency of the bill of indictment, contending that the indictment was defective for two reasons: (1) that the house was not sufficiently described, and (2) that ownership was alleged in VanPelt,...
State v. Miller - 11/1/1967
The State began its case against the defendants with evidence offered by Robert E. Beach who testified that his employer, a business engaged in burglar, fire and holdup protection known as the A-D-T Protection Service, installed and...
State v. Willard - 12/15/1954
The record on this appeal contains several pages of unnumbered assignments of error based upon numerous exceptions taken by defendant upon, and in the course of the trial in Superior Court, relating in the main to testimony of the...
State v. Phillips - 7/9/1954
The following opinion was prepared and filed by Ervin, J., prior to his resignation as a member of this Court. We adopt it with due credit to Justice Ervin for its composition and for the research required in its preparation. ...
Page 1 2 3 4 5 6
|
|