Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Beck, 233 N.C. App. 168 (Apr. 1, 2014)
In this impaired driving case, the trial court did not err by denying the defendant’s requested special jury instruction and instructing instead using Pattern Jury Instruction 270.20A. The special instruction would have informed the jury that the results of the chemical analysis did not create a presumption that the defendant was impaired or that the defendant had an alcohol concentration of .08 or greater; the jury was permitted to find that the defendant had an alcohol concentration of .08 or greater based on the results of the chemical analysis but was not required to do so; and the jury was allowed to consider the credibility and weight to be accorded to the results of the chemical analysis.