Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Arrington, 215 N.C. App. 161 (Aug. 16, 2011)
The evidence was sufficient to sustain the defendant’s conviction for impaired driving when there was evidence of two .08 readings. The court rejected the defendant’s argument that since the blood alcohol reading was the lowest for which he could be convicted under the statute, the margin of error of the Intoxilyzer should be taken into account to undermine the State’s case against him.