STATE v. SHUPING

No. 501PA84.

323 S.E.2d 350 (1984)

312 N.C. 421

STATE of North Carolina v. Cynthia Wallace SHUPING.

Supreme Court of North Carolina.

December 4, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., W. Dale Talbert, and David Roy Blackwell, Asst. Attys. Gen., Raleigh, for the State-appellee.

Pollock, Fullenwider, Cunningham & Patterson, P.A. by Bruce T. Cunningham, Jr., Southern Pines, for defendant-appellant.


FRYE, Justice.

Defendant raises a question of first impression in this State relating to the offense of driving while impaired (DWI) pursuant to G.S. 20-138.1 (1983). Essentially, defendant contends that there was insufficient evidence to submit the 0.10 per se offense to the jury because the breathalyzer test results are inaccurate since they are subject to a 0.01 percent margin of error. This Court does not agree with defendant and affirms the judgment of...

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