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North Carolina Impaired Driving Sobriety Tests Alcohol Concentration Evidence Expert Testimony Chemical Analysis Scientific Tests Lawyers Attorneys
STATE OF NORTH CAROLINA v. ANGELA GRACE ENGLAND
COURT OF APPEALS OF NORTH CAROLINA
Angela Grace England appeals from her conviction of driving while impaired ("DWI"), contending the trial court erred in allowing the arresting officer to give his opinion that defendant was appreciably impaired based upon his observation of her completion of field sobriety tests.
ISSUES:
Whether the trial court erred in allowing the arresting officer to give his opinion that defendant was appreciably impaired based upon his observation of the field sobriety tests.
DISCUSSION:
Defendant contends that it is unclear from the record whether the trial court admitted Officer Cerdan's testimony as lay opinion testimony or expert testimony, but that, in either event, the trial court erred. According to defendant, if the testimony was admitted as lay opinion, it was improperly admitted because the opinion was based on conclusions drawn from specialized knowledge of scientific tests. On the other hand, if admitted as expert testimony, defendant argues that it was improper because the State failed to lay the necessary foundation that Officer Cerdan was qualified to administer and interpret the field sobriety tests. The erroneous admission of evidence requires a new trial only when the error is prejudicial. To show prejudicial error, a defendant has the burden of showing that 'there was a reasonable possibility that a different result would have been reached at trial if such error had not occurred. A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State . . . [a]fter having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration. Erroneous admission of evidence may be harmless where there is an abundance of other competent evidence to support the state's primary contentions, or where there is overwhelming evidence of the defendant's guilt as in the present case. Defendant has failed to demonstrate any prejudice resulting from the admission of Officer Cerdan's testimony. Held it was a harmless error.
JUDGMENT:
Appeal was dismissed.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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