(Download) "State v. Roach" by North Carolina Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State v. Roach
- Author : North Carolina Court of Appeals
- Release Date : January 17, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Appeal by defendant from judgment entered 2 February 2000 by Judge Robert P. Johnston in Superior Court, Mecklenburg County. Heard in the Court of Appeals 15 May 2001. Ronald Lee Roach (""defendant"") was stopped at a driver's license check point on the morning of 27 June 1998 by Trooper James R. Pickard, III, (""Trooper Pickard"" or ""trooper""), a member of the North Carolina Highway Patrol. Trooper Pickard asked defendant to produce his driver's license and registration card as required for the license check. While defendant was acquiring the license and registration, however, Trooper Pickard noticed that defendant's eyes appeared bloodshot and glassy and that a ""strong odor"" of alcohol was emanating from defendant's automobile. Trooper Pickard asked defendant to pull his car over to the side of the road and to get out of the car. Defendant followed the instructions, after which Trooper Pickard asked defendant if he had been drinking alcohol. Defendant answered that he had been drinking, but he did not indicate the quantity of alcohol he had consumed. Trooper Pickard next instructed defendant to sit in the front seat of the patrol car. Defendant complied with the instruction and the trooper again detected a ""strong odor"" of alcohol on defendant's breath. Consequently, in order to gauge defendant's level of inebriation, Trooper Pickard asked defendant to recite the alphabet. Defendant recited the alphabet properly until the end when, according to Trooper Pickard, defendant finished by saying ""X Y R N Z."" Trooper Pickard also noted that defendant's speech was ""mumbled."" Trooper Pickard opined that defendant was unfit to drive an automobile because he was appreciably impaired, so he arrested defendant for driving while impaired and transported him to the Charlotte/Mecklenburg Intake Center. After Trooper Pickard read defendant his legal rights, the trooper administered the Intoxilyzer test to defendant. The Intoxilyzer test registered a .09 blood alcohol percentage reading.
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