STATE v. VILLEDA

No. COA03-772.

599 S.E.2d 62 (2004)

STATE of North Carolina v. Juan VILLEDA.

Court of Appeals of North Carolina.

July 20, 2004.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Isaac T. Avery, III, and Assistant Attorney General Patricia A. Duffy, for the State.

Mercedes O. Chut, Greensboro, for defendant-appellee.

Seth H. Jaffe, Raleigh, for American Civil Liberties Union of North Carolina Legal Foundation, Inc., amicus curiae.


BRYANT, Judge.

Pursuant to N.C. Gen.Stat. § 15A-1445, the State appeals an order dated 31 December 2002 granting defendant Juan Villeda's motion to suppress and dismissing with prejudice the charge against him of driving while impaired (DWI).

At 2:40 a.m. on 11 August 2001, Trooper C.J. Carroll stopped defendant, a Hispanic male, for a seatbelt violation on Highway 70 near the Highway 15-501 intersection in Durham, North Carolina. Defendant was subsequently...

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