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STATE v. VIA

No. COA08-1147.

676 S.E.2d 909 (2009)

STATE of North Carolina v. Barry Scott VIA.

Court of Appeals of North Carolina.

June 2, 2009.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Sebastian Kielmanovich, Assistant Attorney General, for the State.

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Tobias S. Hampson, and Fanney & Jackson, P.C., by John K. Fanney, Raaleigh, for defendant-appellant.

Center for Death Penalty Litigation, by Thomas K. Maher, and The Ward Law Firm, P.A., by David J. Ward, Raleigh, for North Carolina Advocates for Justice, amicus curiae.

MARTIN, Chief Judge.

Barry Scott Via ("defendant") appeals from the order of the superior court denying his motion to dismiss the State's appeal, made pursuant to N.C.G.S. § 20-38.7(a), and to declare N.C.G.S. §§ 20-38.6(f) and 20-38.7 unconstitutional. We affirm.

Defendant was charged with operating a motor vehicle without decreasing speed as necessary to avoid a collision, possessing an open container of alcohol in the passenger area of a...

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