State v. Marley
227 N.C. App. 613
| N.C. Ct. App. | 2013Background
- At ~1:45 a.m., police stopped a blue Mitsubishi driven by Marley for erratic driving and odor of alcohol.
- Marley admitted drinking two or three beers; he stumbled upon exiting the vehicle.
- Marley failed field sobriety tests and an Alco-Sensor test; arrested for DWI and driving left of center.
- A breath test at the jail yielded BAC of .09.
- Defendant prosecuted for impaired driving under N.C. Gen. Stat. § 20-138.1(a).
- Trial court denied motions to dismiss; jury found Marley guilty of driving while impaired and responsible for driving left of center.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence of BAC ≥ .08 | Marley’s BAC of .09 constituted substantial evidence | Breathalyzer results were subject to credibility issues | Yes; .09 BAC provided substantial evidence to submit to the jury |
| Whether the trial court properly denied the motions to dismiss | State presented elements supported by evidence | Evidence could be challenged as uncertain or speculative | Yes; motions to dismiss properly denied |
Key Cases Cited
- State v. Smith, 186 N.C. App. 57 (2007) (standard of review for dismissal is de novo; substantial evidence necessary)
- State v. Fritsch, 351 N.C. 373 (2000) (substantial evidence standard for dismissal depending on elements)
- State v. Barnes, 334 N.C. 67 (1993) (analyzed evidentiary sufficiency and aid to jury verdicts)
- State v. Rose, 339 N.C. 172 (1994) (consider all admitted evidence in light favorable to State)
- State v. Shuping, 312 N.C. 421 (1984) (breathalyzer readings can satisfy proof of BAC when valid)