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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