Smith's Criminal Case Compendium
Table of Contents
State v. Sisk, 238 N.C. App. 553 (Dec. 31, 2014)
In this habitual impaired driving case, the trial court did not err in admitting the defendant’s blood test results into evidence. The court rejected the defendant’s argument that the officer’s failure to re-advise him of his implied consent rights before the blood draw violated both G.S. 20-16.2 and 20-139.1(b5). Distinguishing State v. Williams, __ N.C. App. __, 759 S.E.2d 350 (2014), the court noted that in this case the defendant—without any prompting—volunteered to submit to a blood test. The court concluded: “Because the prospect of Defendant submitting to a blood test originated with Defendant—as opposed to originating with [the officer]—we are satisfied that Defendant’s statutory right to be readvised of his implied consent rights was not triggered.”