STATE v. SIMMONS

No. COA09-862.

698 S.E.2d 95 (2010)

STATE of North Carolina v. James Edward SIMMONS, V.

Court of Appeals of North Carolina.

July 20, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Jess D. Mekeel, for the State.

The Robinson Law Firm, P.A., Greenville, by Leslie S. Robinson, for Defendant.


STEPHENS, Judge.

I. Procedural History

A. District Court

On 28 December 2006, Defendant James Edward Simmons, V was arrested and charged with driving while impaired ("DWI"), in violation of N.C. Gen.Stat. § 20-138.1, and possession of an open container of alcohol in the passenger area of a motor vehicle, in violation of N.C. Gen.Stat. § 20-138.7. On 13 December 2007, Defendant was found guilty of both charges. The district...

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