State v. Ashworth

790 S.E.2d 173, 248 N.C. App. 649, 2016 N.C. App. LEXIS 816
Court of Appeals of North Carolina·Decided August 2, 2016·No. 15-1279·Published·Cited by 21 cases

Opinion

McGEE, Chief Judge.

*650 Robert William Ashworth ("Defendant") appeals from judgment after a jury found him guilty of driving while impaired. We vacate the judgment and the trial court's denial of Defendant's motion to suppress, and remand for further proceedings.

I. Background

In the evening hours of 31 July 2013, North Carolina State Troopers Matthew Morrison ("Trooper Morrison") and Ray Fort ("Trooper Fort") were on duty in Orange County, North Carolina. They decided to operate a checking station, or checkpoint, at the intersection of Smith Level Road and Damascus Church Road in Chapel Hill, that was to begin at 8:00 p.m. and continue for approximately two hours. Prior to initiating the checking station, Trooper Morrison contacted his superior, Sergeant Michael Stuart ("Sergeant Stuart"), to request authorization. Sergeant Stuart gave his authorization, and later completed a "checking station authorization" form ("the form"). At the hearing, Sergeant Stuart testified he was unsure of when he filled out the form, but that it was likely the next day, 1 August 2013. The form noted that the primary purpose of the checking station was to ask for driver's licenses, and that the station would operate from 8:00 p.m. to 10:00 p.m.

At approximately 9:45 p.m., a vehicle driven by Defendant approached on Damascus Church Road and stopped at the checking station. Trooper Morrison did not notice any violation of the law as Defendant approached. Trooper Morrison requested Defendant's driver's license, which Defendant produced. Detecting the odor of alcohol coming from the vehicle, Trooper Morrison asked Defendant whether he had been drinking. Defendant responded: "You got me. I had about five beers back to back, drank them real quick." Trooper Morrison conducted field sobriety tests on Defendant and, after determining that Defendant was impaired, arrested him for driving while impaired. A chemical analysis *651 later revealed that Defendant's blood-alcohol concentration at the time of his arrest was 0.08.

Prior to trial, Defendant filed a motion to suppress all evidence obtained as a result of the stop. Defendant argued that the checking station violated his rights under the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, and Article I, Sections 19, 20 and 23 of the North Carolina Constitution. Defendant's motion was heard on 17 November 2014. The State presented the testimony of Trooper Morrison and Sergeant Stuart. Following witness testimony and arguments of counsel, the trial court took the matter under advisement. The trial court entered a written order on 19 November 2014 denying Defendant's motion to suppress. The case proceeded to trial. At trial, Defendant failed to timely object to the admission of evidence obtained as a result of the checkpoint stop. Defendant was *176 convicted by a jury on 25 March 2015 of driving while impaired. Defendant appeals.

II. Analysis

In his sole argument, Defendant contends the trial court plainly erred in denying his motion to suppress. The scope of review of a suppression order is "strictly limited to determining whether the trial judge's underlying findings of fact are supported by competent evidence, in which event they are conclusively binding on appeal, and whether those factual findings in turn support the judge's ultimate conclusions of law." State v. Cooke, 306 N.C. 132 , 134, 291 S.E.2d 618 , 619 (1982) (citations omitted). Findings of fact that are not challenged on appeal are binding and deemed to be supported by competent evidence. State v. Biber, 365 N.C. 162 , 168, 712 S.E.2d 874 , 878 (2011). For findings that are challenged, this Court's review is "limited to determining whether competent evidence supports the trial court's findings of fact[.]" State v. Granger, 235 N.C.App. 157 , 161, 761 S.E.2d 923 , 926 (2014) (citation omitted). "Competent evidence is evidence that a reasonable mind might accept as adequate to support the finding." State v. Chukwu, 230 N.C.App. 553 , 561, 749 S.E.2d 910 , 916 (2013) (citation omitted). If there is competent evidence to support the trial court's finding, then it is binding on appeal, "even if the evidence is conflicting." State v. Barden, 356 N.C. 316 , 332, 572 S.E.2d 108 , 120-21 (2002) (citation omitted).

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State v. Ashworth, 790 S.E.2d 173, 248 N.C. App. 649, 2016 N.C. App. LEXIS 816 (N.C. Ct. App. 2016).

790 S.E.2d 173 (State v. Ashworth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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