State v. Hurley
State v. Hurley
Opinion of the Court
Defendant concedes that if there is no error in his trial and conviction in case No. 75CR157, there is likewise no error in the revocation of his probation in case No. 71CR2314.
The primary thrust of defendant’s appeal is that the trial court committed error in allowing the breathalyzer test results in evidence. Defendant sought and was denied a voir dire hearing upon whether the breathalyzer operator followed each and
We have reviewed the records, the arguments, and opinions in State v. Powell, 10 N.C. App. 726, 179 S.E. 2d 785 (1971), and in State v. Powell, 279 N.C. 608, 184 S.E. 2d 243 (1971). It appears that the present appeal is merely “that same old raccoon with nothing new except another ring around its tail.”
The operator in this case testified that he held a valid permit issued by the Department of Human Resources and that he followed the prescribed techniques as set out by the Division of Health Services. This evidence satisfied the requirements of G.S. 20-139.1 and entitled the test results to be admitted into evidence. Obviously defendant was not bound by this testimony and, in the presence of the jury, was entitled to cross-examine the operator within reasonable limits and to impeach his testimony if possible. Actually, in this case, defense counsel was allowed wide latitude in cross-examination of the operator, and such cross-examination was conducted at length. It appears the jury was not impressed that the operator’s testimony had been impeached.
Defendant’s argument that he was entitled to have the alternate issue of reckless driving submitted to the jury is not supported by the evidence.
We have considered all of defendant’s assignments of error and find them to be without merit.
No error in case No. 75CR157.
Affirmed in case No. 71CR2314.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA v. JOHNNY FRANK HURLEY, JR.
- Cited By
- 1 case
- Status
- Published