State v. Marino, 229 N.C. App. 130 (Aug. 20, 2013)

In this misdemeanor DWI case the trial court did not err by denying the defendant’s motions to examine the Intoximeter source code. The court rejected the defendant’s argument that the source code was Brady evidence, reasoning that he failed to show that it was favorable and material. The court noted that the jury found the defendant guilty under both prongs of the DWI statute. The court also rejected the defendant’s argument that under Crawford and the confrontation clause he was entitled to the source code.