259 N.C. App. 879
N.C. Ct. App.2018Background
- On April 1, 2014 Officer Gregory Anderson stopped Jeffrey Parisi at a checkpoint and cited him for driving while impaired.
- Officer Anderson observed glassy/watery eyes, smelled alcohol, saw an open box of alcoholic beverage on the passenger floorboard, and Parisi admitted drinking three beers earlier.
- Officer Anderson administered HGN, walk-and-turn, and one-leg-stand tests; he testified Parisi exhibited multiple impairment "clues."
- The district court granted Parisi’s motion to suppress the stop; superior court affirmed; the State appealed to this Court after intermediate appellate proceedings and a prior remand.
- The majority of this Court held the trial courts erred: the observations and field sobriety-test clues provided probable cause to stop and cite Parisi; the suppression order was reversed and remanded.
- Judge Hunter dissented, arguing the trial courts’ unchallenged factual findings (no alco-sensor, no slurred speech, no specific HGN clue count, no officer experience found) supported affirmance and deference to the trial courts.
Issues
| Issue | State's Argument | Parisi's Argument | Held |
|---|---|---|---|
| Whether officer had probable cause to stop and cite for DWI | Observations (odor, glassy eyes), defendant’s admission of drinking, and impairment clues on three field sobriety tests sufficed for probable cause | Observations and tests were insufficient; trial courts found lack of other indicators (no slurred speech, no alco-sensor, no specific HGN clue count) | Reversed: totality of circumstances (odor, admission, and multiple FST clues) supported probable cause |
Key Cases Cited
- State v. Townsend, 236 N.C. App. 456, 762 S.E.2d 898 (2014) (similar checkpoint facts where bloodshot eyes, odor, admission, two alco-sensor positives, and clues on three FSTs supported probable cause)
- Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970) (drinking combined with other conduct indicating impairment can establish prima facie violation of DWI statute)
- State v. Hewitt, 263 N.C. 759, 140 S.E.2d 241 (1965) (same principle regarding drinking plus other indicia of impairment)
- State v. Cooke, 306 N.C. 132, 291 S.E.2d 618 (1982) (standard of review for suppression findings; factual findings binding if supported by competent evidence)
- State v. Hughes, 353 N.C. 200, 539 S.E.2d 625 (2000) (trial court conclusions of law reviewed de novo)