Smith's Criminal Case Compendium
Table of Contents
State v. Burris, ___ N.C. App. ___, 799 S.E.2d 452 (May. 16, 2017)
In this impaired driving case the court rejected the defendant’s argument that the trial court erred by denying his motion to dismiss at the close of the State’s evidence. The defendant had argued that there was no independent evidence, other than his admission, to establish that he was operating a motor vehicle at any relevant time period. Here, the defendant admitted to the detective that he had been driving the vehicle and described in detail the route he took to get to the scene. When the detective approached the vehicle, the engine was not running but it was parked under an overhang area by the front door of a hotel, where guests typically stop to check in. The detective observed the defendant sitting in the drivers seat and the vehicle was registered to the defendant. The circumstantial evidence, along with the defendant’s admissions to driving the vehicle and the route he took, was sufficient evidence for the jury to determine that the defendant drove the vehicle.