Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock the car, and sit down in the driver’s seat. While the person fumbles with his keys in an attempt to put the correct one in the car’s ignition, the officer approaches the car. The officer asks the person to get out of the car. The person complies, and the officer subsequently arrests him for impaired driving. Fast-forward to trial. At the close of the evidence, the defendant moves to dismiss the charges, arguing that the State’s evidence is insufficient to convict him of impaired driving as he did not drive a vehicle on a street, highway, or public vehicular area while impaired. The State concedes that the defendant failed to complete the crime of DWI as he never turned on the car’s engine. The attorney for the State argues, however, that the evidence is sufficient to convict the defendant of attempted impaired driving. How should the judge rule? What is attempt? Attempt is a common law crime consisting of the following elements: (1) the intent to commit the substantive offense, (2) an overt act done for that purpose which goes beyond mere preparation, but falls short of the completed offense. State v. Coble, 351 N.C. 448, 449 (2000); see generally Jessica Smith, North Carolina Crimes 67-70 (7th ed. 2012). A conviction for an attempted crime may be based upon a charging [...]
Faculty Coordinators
