768 S.E.2d 650
N.C. Ct. App.2015Background
- NCSHP conducted a documented, marked DWI checkpoint on University Drive, Durham, on Nov. 16–17, 2012; every approaching vehicle was checked.
- Shortly after midnight, Sewell arrived with one passenger; Trooper Doston smelled a strong odor of alcohol in the vehicle, noted red/glassy eyes, and initially Sewell denied drinking then admitted one glass of wine.
- Sewell performed field sobriety tests: no clues on One‑Leg Stand and Walk‑and‑Turn, but 6/6 clues on the HGN test; two Alco‑sensor breath tests were positive for alcohol.
- Trooper Doston arrested Sewell for DWI; she pleaded guilty in district court, received a suspended sentence and probation, and appealed for a de novo trial in superior court.
- At superior court, Sewell moved to suppress evidence obtained after the stop/arrest; the trial court granted the motion and dismissed the DWI. The State appealed only the suppression/dismissal rulings.
Issues
| Issue | State's Argument | Sewell's Argument | Held |
|---|---|---|---|
| Whether Trooper Doston had probable cause to arrest for DWI | Totality of facts (odor, HGN, positive Alco‑sensor results) gave probable cause | Facts (checkpoint context, odor from vehicle not shown to be from Sewell, normal speech, steady gait, clean performance on two SFSTs) insufficient for probable cause | Probable cause lacking; suppression proper (affirmed) |
| Whether granting the motion to suppress required pretrial dismissal of the DWI charge | Trial court should have had discretion to dismiss | Motion to suppress was conceded; trial court dismissed the charge | Trial court erred to dismiss; State could proceed without suppressed evidence or dismiss (dismissal reversed) |
Key Cases Cited
- State v. Allen, 197 N.C. App. 208 (binding standard for review of suppression findings)
- State v. Biber, 365 N.C. 162 (unchallenged findings are binding on appeal)
- State v. Teate, 180 N.C. App. 601 (probable cause requires probability or substantial chance)
- State v. Sanders, 327 N.C. 319 (probable cause assessed under totality of circumstances)
- State v. Rogers, 124 N.C. App. 364 (trooper relied on multiple observations including Alco‑sensor reading; distinguished on facts)
- State v. Edwards, 185 N.C. App. 701 (suppression does not automatically require dismissal; prosecutor may proceed without suppressed evidence)
- Illinois v. Gates, 462 U.S. 213 (totality‑of‑circumstances test for probable cause)