State v. Carver
State v. Carver
Opinion of the Court
Defendant appeals her conviction for driving while impaired under
The State's evidence tended to show that just after 12:00 p.m. on 30 August 2002, Charlotte Mecklenburg Police Officer C.J. Blow observed defendant driving at a high rate of speed past West Mecklenburg High School on Tuckaseegee Road, a public street in Charlotte, North Carolina. Using front stationary radar, Blow measured defendant's speed at fifty-six miles per hour, twenty-one miles per hour over the posted speed limit. Blow activated his blue lights and initiated a traffic stop. Upon engaging defendant in conversation, Blow detected "a moderate odor of an alcoholic beverage coming from her breath" and "noticed that her eyes were red and very glassy." Blow administered two field sobriety tests to defendant. After performing satisfactorily the one leg stand test, she was unable to perform the walk and turn test, failing on three occasions to place her heel to her toe and stepping completely off the line twice. Defendant claimed to have consumed six beers and then acknowledged, "I had too much to drink last night." Based on his interaction with defendant, Blow formed an opinion that she "had consumed some impairing substance so as to appreciably impair . . . both her mental and physical faculties." Blow placed defendant under arrest and transported her to the Intake Center at the Mecklenburg County jail. After being advised of her rights, she submitted to a chemical breath analysis. Blow, who possessed a valid permit from the North Carolina Department of Public Health to perform chemical analyses using the Intoxilyzer 5000, administered the test upon defendant at 1:24 p.m. The Intoxilyzer twice registered a concentration of .08 grams of alcohol per 210 liters of defendant's breath.
Defendant testified that she went with some friends to a pub after work on the night of 29 August 2002. She stayed at the pub for three or four hours before obtaining a ride to a friend's house at 2:00 a.m. Defendant woke up on 30 August 2002 at approximately 10:00 a.m. and did not feel impaired. She was driving home from her friend's house when she was stopped by Blow. Defendant could not remember how much she drank at the pub but admitted telling Officer Blow that she had six beers and "had too much to drink." She conceded she also "may have had a mixed drink or so[,]" in addition to beer.
In reviewing the denial of a criminal defendant's motion to dismiss, we must determine whether the evidence at trial, viewed in the light most favorable to the State, was sufficient to allow a reasonable juror to find defendant guilty of the essential elements of the crime beyond a reasonable doubt. See State v. Earnhardt,
The record on appeal contains additional assignments of error not addressed by defendant in her brief to this Court. Pursuant to N.C.R. App. P. 28(b)(6), we deem them abandoned.
No error.
Judges HUNTER and STEELMAN concur.
Report per Rule 30(e).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.