State v. Norton, 213 N.C. App. 75 (Jun. 21, 2011)

The evidence was sufficient to survive a motion to dismiss. Evidence of faulty driving, along with evidence of consumption of alcohol and cocaine, is sufficient to show a violation of G.S. 20-138.1. Witnesses observed the defendant’s behavior as he was driving, not sometime after. Multiple witnesses testified as to his faulty driving and other conduct, including that he “had a very wild look on his face” and appeared to be in a state of rage; drove recklessly without regard for human life; drove in circles on a busy street and on a golf course; twice collided with other motorists; drove on the highway at speeds varying between 45 and 100 mph; drove with the car door open and with his left leg and both hands hanging out; struck a patrol vehicle; and exhibited “superhuman” strength when officers attempted to apprehend him. Blood tests established the defendant’s alcohol and cocaine use, and one witness testified that she smelled alcohol on the defendant.