Greenville, NC
Criminal defense Lawyer at Greenville, NC
Practice Areas: Criminal Defense, DUI & DWI, Speeding & Traffic Ticket
OUTCOME: Court of Appeals reversed, ruling that a driver who crosses painted lines at an intersection has violated a "traffic control device" and this constitutes reasonable suspicion to justify a stop.
Trial Court ruled State Trooper did not have sufficient reason to stop Defendant when only evidence of "bad driving" was a wide right turn at an intersection
OUTCOME: Statute upheld by N.C. Court of Appeals as constitutional, but with explanation that finder of fact (judge or jury) can depart from the state's test restuls. U.S. Supreme Court denied cert.
Challenge of Statute 20-138.1 language "the results of a chemical analysis shall be deemed sufficient evidence of defendant's alcohol concentration."