STATE v. MARLEY

No. COA12-770.

742 S.E.2d 634 (2013)

STATE of North Carolina, v. Michael Ray MARLEY.

Court of Appeals of North Carolina.

June 4, 2013.


Attorney(s) appearing for the Case

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

C. Gary Triggs , for defendant-appellant.


STEELMAN, Judge.

Where the State presented substantial evidence that defendant was driving while impaired based upon an alcohol concentration of.08 or more, the trial court properly denied defendant's motion to dismiss.

I. Factual and Procedural History

At approximately 1:45 a.m. on the morning of 30 April 2009, Officer Lail of the Granite Falls Police Department responded to a report of a possible intoxicated driver. Officer Lail observed...

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