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STATE v. BAIN

No. 845SC296.

326 S.E.2d 123 (1985)

STATE of North Carolina v. Michael Andrew BAIN.

Court of Appeals of North Carolina.

March 5, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jane P. Gray, Raleigh, for the State.

Beaver, Holt & Richardson by William O. Richardson, Fayetteville, for defendant-appellant.

EAGLES, Judge.

Defendant assigns as error the trial court's failure to charge the jury on the lesser included offense of careless and reckless driving after consuming alcohol. We agree that there was error. G.S. 20-140(c) provides:

(c) Any person who operates a motor vehicle upon a highway or public vehicle area after consuming such quantity of intoxicating liquor as directly and visibly affects his operation of said vehicle, shall be guilty of reckless driving...

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