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STATE v. FERRELL

No. 8421SC928.

330 S.E.2d 225 (1985)

STATE of North Carolina v. Paul Graham FERRELL.

Court of Appeals of North Carolina.

Appeal Dismissed August 13, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen., Isaac T. Avery, III, Raleigh, for the State.

David E. Crescenzo, Winston-Salem, for defendant-appellant.

BECTON, Judge.

In this driving while under the influence of an impairing substance case, defendant, Paul Graham Ferrell, contends (1) that the relevant statute, N.C.Gen.Stat. Sec. 20-138.1(a)(2) (1983), which proscribes driving after consuming sufficient alcohol to have a blood alcohol concentration of 0.10% or more at "any relevant time after the driving," is unconstitutional in that the statute is vague and uncertain, and in that it otherwise violates his substantive...

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