State v. Arrington
215 N.C. App. 161
N.C. Ct. App.2011Background
- Defendant Arrington was convicted of driving while impaired in 2010 after an earlier 2009 DWI conviction in Harnett County.
- Trial court sentenced him to 30 days' imprisonment (suspended for 18 months), probation, substance-abuse assessment, and community service plus court costs and a community service fee.
- Sta te trooper stopped Arrington for a broken right-side headlight; defendant admitted drinking and showed red, glassy eyes and a strong odor of alcohol.
- Two consecutive Intoxilyzer tests yielded a BAC of .08; Trooper administered HGN with negative result; defendant passed some field sobriety tests.
- Supreme Court precedent was cited to treat chemical analysis results as prima facie evidence of BAC when validly administered.
- Defendant challenged sufficiency of the evidence and the imposition of costs/fees outside his presence; the court affirmed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficiency of evidence for DWI | Arrington argues insufficient evidence to prove BAC ≥ .08 while driving. | Arrington contends the evidence does not prove impairment or driving condition. | Denied; evidence of two .08 BAC tests and driving at time of stop supported conviction. |
| Imposition of costs/fees outside presence | State argues imposition of costs/fees aligns with statutory probation requirements. | Arrington argues sentencing costs/fees were improperly imposed without his presence. | No error; costs/fees were non-punitive by statute and properly part of sentence. |
Key Cases Cited
- State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (North Carolina Supreme Court, 1980) (standard for ruling on a motion to dismiss for insufficiency of evidence)
- State v. Earnhardt, 307 N.C. 62, 296 S.E.2d 649 (North Carolina Supreme Court, 1982) (definition of substantial evidence; reasonable inferences in State's favor)
- State v. Shuping, 312 N.C. 421, 323 S.E.2d 350 (North Carolina Supreme Court, 1984) (breathalyzer margin of error not undermining valid BAC proof)
- State v. Narron, 193 N.C. App. 76, 666 S.E.2d 860 (North Carolina Court of Appeals, 2008) (chemical analysis results constitute prima facie evidence of BAC)
- State v. Crumbley, 135 N.C. App. 59, 519 S.E.2d 94 (North Carolina Court of Appeals, 1999) (substantive changes to sentence must be in defendant's presence)
- State v. Bonds, 43 N.C. App. 467, 259 S.E.2d 377 (North Carolina Court of Appeals, 1979) (right to be present at sentencing; costs do not constitute punishment)