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STATE v. SHOCKLEY

No. COA09-241.

689 S.E.2d 455 (2009)

STATE of North Carolina v. Alfonza Lamont SHOCKLEY.

Court of Appeals of North Carolina.

December 8, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General John W. Congleton, for the State.

S. Hannah Demeritt, for defendant-appellant.

WYNN, Judge.

Under N.C. Gen.Stat. § 20-139.1(b3), readings employed from chemical analyses of breath to prove alcohol concentration must be from "consecutively administered tests."1 Here, Defendant Alfonza Lamont Shockley challenges the trial court's admission of the results of non-consecutive Intoxilyzer tests. Because results were obtained from two of four attempted breath samples collected...

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