State v. Daniel, 208 N.C. App. 364 (Dec. 7, 2010)

Over a dissent, the court held that the trial court did not err by denying the defendant’s Knoll motion in an impaired driving case in which the defendant was detained for almost 24 hours. The court upheld the trial court’s finding that an individual who appeared to take responsibility for the defendant was not a sober responsible adult; a police officer smelled alcohol on the individual’s breath and the individual indicated that he had been drinking. The only statutory violation alleged was a failure to release to a sober, responsible adult, but the individual who appeared was not a sober, responsible adult. The trial court’s conclusions that no violation occurred or alternatively that the defendant failed to show irreparable prejudice was supported by the evidence. The defendant was advised that she could request an attorney or other witness to observe her Intoxilyzer test but she declined to request a witness. Also, the individual who appeared was allowed to see the defendant within 25 minutes of her exiting the magistrate’s office, to meet personally with the defendant, and to talk with and observe the defendant for approximately eight minutes. 


There was dissenting opinion in this case.